RESOLUTION PART RULES

HON. KEVIN C. McCLANAHAN

1. All parties or their counsel must check in with the Clerk or the Court Officer upon entering the Part.

2. Counsel who appear must be fully familiar with the case in regard to which they appear, be ready for trial and/or fully authorized to enter into agreements, both substantive and procedural, on behalf of their clients. Failure to comply with this rule will be regarded as a default and dealt with appropriately. It is important that counsel be on time for all scheduled appearances.

3. There are three (3) calendars called in this Part: 9:30 am, 11:00 am and 2:00 pm.

4. Cases on the 9:30 am calendar shall be called for default at 11:00 am; cases on the 11:00 am calendar shall be called for default at Noon; cases on the 2:00 pm calendar shall be called for default at 3:00 pm.

5. All requests for adjournments and discontinuances must be submitted to the Court Attorney for review. These requests will be considered immediately after the roll/calendar call; all parties should remain in the courtroom until after the application is heard. Stipulations for adjournments will not be accepted unless a party or counsel is present in court.

6. If a case is settled, discontinued, or otherwise disposed of, counsel shall immediately inform the Court by submission of the stipulation directed to the Clerk of the Part.

7. Unless otherwise directed by the Court, a stipulation or notice of motion is required to restore to the trial calendar all cases that have been "marked off".

8. All parties and/or counsel may conference a matter with the Court Attorney or the Court. Cases will be conferenced or placed before the Court when both sides have appeared. In the event the case cannot be settled, it will be scheduled for trial.

9. In nonpayment proceedings, all stipulations shall contain the monthly rent, an itemized rent breakdown of arrears and a payment schedule, if applicable. Alleged conditions requiring repair shall be specifically listed in the stipulation, access dates provided and a completion date set.

10. All self-represented litigants must appear in court for allocution of stipulations. Stipulations will be thoroughly reviewed and explained to all self-represented litigants prior to being "so-ordered" by the Court.

11. Pursuant to CPLR 2302(b), Subpoenas Duces Tecum will only be signed if the face thereof includes the case's index number, the trial date and will not be signed more than 30 days prior to the scheduled trial.

12. Service of motions pursuant to CPLR 2214 is encouraged and CPLR 406 service is discouraged. All motions must be orally argued. The Court requires written opposition to all motions. This does not permit submission schedules.

13. All motions must be conferenced by the Court Attorney or Judge. Parties should be prepared to resolve issues by stipulation if possible, particularly in discovery motions, and be prepared to argue the motion when all papers are before the Court.