TRIAL PART RULES
HON. GARY F. MARTON
MANDATORY CHECK-IN:
All parties and their lawyers must check in with the Court Clerk or Court Officer. If you do not speak English, tell the Court Officer which language you speak so that the Court can call for an interpreter. Beepers, cell phones, and tape and CD players must be turned off or they will be confiscated. Eating and drinking are prohibited.
DEFAULTS & ROLL CALLS:
One hour after the scheduled appearance
time, the Court Clerk will call the roll of cases. You must answer when your
case has been called. Defaults, dismissals, and ex parte relief will be granted
for cases scheduled as follows:
- 9:30
am cases at 10:30 am
- 11:00
am cases at 12:00 noon
- 2:00
pm cases at 3:00 pm
EXCEPTION AT 10:00 AM FOR TRIALS AND HEARINGS: Cases that have been adjourned for trial or hearing will be called at 10:00 am. Lawyers and parties who are not present at that time may be defaulted, or their cases may be marked off, dismissed, adjourned, or sent out for trial or hearing.
EXCEPTION AT NOON: Landlords, tenants, and their lawyers are expected to work diligently to resolve their cases. Beginning at 12:00 noon, the Court may call and then dismiss, mark off, or adjourn any case, or default any absent party, whether or not the party has previously checked in with the Court Clerk or Court Officer, if the case has not yet been conferenced, argued, or resolved by stipulation.
STIPULATIONS (AND OTHER AGREEMENTS):
a) Stipulations must be easily
legible.
b) Stipulations shall be submitted for review
by the Court Attorney. Pending review by the Court Attorney, the parties and
their lawyers shall
remain available or be subject to default, adjournment, or dismissal.
c) Stipulations shall state whether repairs
are necessary. If repairs are necessary, they shall be itemized; access and
completion dates
shall be specified.
d) Stipulations shall include a breakdown
of rent arrears.
e) Stipulations may not include a "disputed
amount" provision unless either (i) the disputed amount is subject to a
"finality" provision
or (ii) the stipulation states a good reason for the omission of a "finality"
provision. A "finality" provision is one which
provides that the dispute must be resolved or restored to the Court's calendar
by a date certain, failing which the disputed
amount is waived.
f) Once again, stipulations must be easily
legible.
QUESTIONS:
If you have questions, ask the Court Officer.