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Resolution Part Rules            Trial Part Rules


Resolution Part Rules


Hon. David J. Kaplan

I. Check In All parties must check in with the Court Personnel upon arrival. Any party may request a conference with the court by notifying court personnel. No party is required to leave the courtroom to discuss a case.

II. Appearances All attorneys must file a written Notice of Appearance. It shall be the obligation of the attorney appearing to ensure that such notice is on file with the Court; absent such notice the Court will not accept a stipulation.

III. Defaults A default is entered by the clerk only after the file is endorsed by the court.
  (a) For 9:30 AM cases: parties that have not checked in by 10:30 AM will be held in default for failure to appear; if a party has checked in by 10:30 AM but does not return by 11:30 AM to address the case, the Court may dismiss, default, or adjourn the case at its discretion.
  (b) For 11:00 AM cases: parties that have not checked in by 12:00 noon will be held in default for failure to appear; if a party has checked in by 12:00 but does not return by 12:30 PM to address the case, the Court will dismiss, default, or adjourn the case at its discretion.
  (c) For 2:00 PM cases: parties that have not checked in by 3:00 PM will be held in default for failure to appear; if a party has checked in by 3:00 PM but does not return by 3:30 PM to address the case, the Court will dismiss, default, or adjourn the case at its discretion.

IV. Applications/Adjournments All applications for adjournments must be in writing stating the reason for the adjournment and the party being charged for the adjournment. The application must be submitted to the court for approval; parties must remain available to the court until the application is reviewed.

V. Stipulations
  (a) Proposed stipulations of settlement shall be submitted to the Court Officer or Clerk for review by the Court. Pending such review, the parties must remain available or be subject to rejection of the stipulation, default, dismissal or adjournment. If a party is required to appear in another courtroom, they must advise the Officer/Clerk where they are going and when they expect to return.
  (b) In all nonpayment cases, petitioners must provide a breakdown with a zero balance and a certified copy of the deed, lease and assignment of rents must be available where appropriate. If there is a disputed amount, parties must agree upon a date when that disputed amount must be addressed or restored.
  (c) If repairs are at issue, a list of alleged repairs, access times and dates, and completion dates must be included. If attorneys fees or other fees are requested, petitioner must have a copy of the lease allowing for said fees.

VI. Discontinuances
  (a) All discontinuances must be memorialized in a stipulation indicating the reason for the discontinuance and whether the discontinuance is with or without prejudice.
  (b) A stipulation discontinuing a nonpayment proceeding where the respondent has alleged conditions or repairs as a defense shall also designate whether repairs are necessary, and if so, a list of the repairs as well as access and completion dates.

VII. Motions All motions must be argued and may not be submitted on consent without first being heard by the 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.

These rules are subject to modification by the Court.

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Trial Part Rules


Hon. David J. Kaplan

I.. The Part opens promptly at 9:30 a.m. and 2:00 p.m. (unless there is an extended morning session necessitating a delayed opening in the afternoon).

II. There is no roll/calendar call. Parties are to check in with the Court Clerk or Court Officer.

III. Defaults may be taken after 10:00 a.m. for scheduled trials. Defaults may be taken on cases referred from Part X if both parties fail to check in within 30 minutes of the referral.

IV. The Court Attorney or Judge will conference the case before commencing the trial. If the matter cannot be resolved the trial will commence immediately.

V. The Court will not accept adjournments over the telephone.

VI. The above rules are subject to modification in the discretion of the Court.

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