TRIAL PART RULES

HON. KEVIN C. McCLANAHAN

1. Parties or their counsel must sign in with the Clerk or court officer upon entering the Part.

2. Motions and all other matters returnable in this part at 9:30 am will be subject to dismissal, denial for non-appearance or default at 10:00 am.

3. This is a trial ready part. Cases are assigned to the Part by the Expediter for trial, not for any other purpose. Therefore, litigants and their attorneys assigned to this part for trial will be expected to be ready to proceed to trial immediately at the time of assignment to the Part.

4. Adjourned cases set for times other than 9:30 am will be called at the time they are scheduled. Litigants who fail to appear for such matters at the scheduled time will be subject to default orders or dismissal within 30 minutes following the scheduled starting time.

5. Counsel must appear for a party who is represented by an attorney. Corporations may not appear without counsel (see CPLR 321[a]).

6. The case is called inside and outside the courtroom. If the respondent does not appear, 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 judge holds an inquest; if the petitioner fails to appear, the petition is dismissed. If the respondent fails to appear on the return date of his/her Order to Show Cause, it will be denied; if the petitioner fails to appear on the return date, any relief requested by the respondent can be granted.