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Part Rules

Resolution Part Rules            Trial Part Rules

Resolution Part Rules


Hon. Gary F. Marton

ONE: MANDATORY CHECK-IN

 When the courtroom is opened, tenants, landlords, and their lawyers must check in with the Court Clerk or Court Officer. Beepers, cell phones, and tape and CD players must be turned off or they will be confiscated. Eating and drinking are prohibited.

 

TWO: 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 is called. Defaults, dismissals, adjournments, and other relief will be granted for cases scheduled as follows:

9:30 A.M. cases at 10:30 A.M.;
11:00 A.M. cases at 12:00 noon; and
2:00 P.M. cases at 3:00 P.M.

EXCEPTION AT 9:45 A.M. FOR TRIALS AND HEARINGS: Cases that have been adjourned for trial or hearing will be called at 9:45 A.M. 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.

 

THREE: STIPULATIONS (AND OTHER AGREEMENTS)

(A) Stipulations must be easy to read.
(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, and access and completion dates shall be specified. If repairs are not necessary, the stipulation shall so state.
(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 easy to read.

 

FOUR: QUESTIONS If you have questions, ask the Court Officer.

 

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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.

 

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