TRIAL PART RULES

HON.  GERALD LEBOVITS

1. This Trial Part is open Mondays and Wednesdays. There is no roll call. Parties or their counsel must check in with the court clerk or court officer upon entering this Part.

2. Matters on the 9:30 a.m. calendar are subject to dismissal, denial for nonappearance, or default at 10:00 a.m. Adjourned cases set for times other than 9:30 a.m. are called when they are scheduled. Litigants who fail to appear at the scheduled time are subject to default orders or dismissal within 30 minutes after the scheduled starting time.

3. This is a trial-ready part. Litigants and their attorneys will be expected to be ready to proceed to trial immediately at the time of assignment to this Part.

5. If a party is represented by counsel, that attorney must appear. Corporations may not appear without counsel.

6. Default Procedure: If the respondent does not appear in a nonpayment proceeding, a final judgment is entered against the respondent. If the petitioner fails to appear, the petition is dismissed. In a holdover proceeding, if the respondent fails to appear, the court will hold an immediate inquest. If the petitioner fails to appear, the petition is dismissed. If the respondent fails to appear on the return date of an order to show cause, the motion will be denied. If the petitioner fails to appear on the return date, the court can grant any relief the respondent requests.