Part Rules
Resolution Part Rules Trial Part Rules
Resolution Part Rules
Hon. Marc Finkelstein
Trial Part Rules
Hon. Marc Finkelstein
Part S is a Trial Part. Cases are heard during the day on Wednesdays, Thursdays and Fridays only. There are no roll calls or calendar calls. Unless otherwise specified by the Court, adjourned cases and orders to show cause and motions are scheduled at 9:30 am. Upon arrival, all individuals with cases are to check in with the Court Officer by giving the calendar number (the calendar is posted on the bulletin board immediately outside the courtroom with the calendar number highlighted), whether the appearance is for the landlord or tenant and whether there is an attorney on the case. For cases where both sides have not checked in, defaults, dismissals and other dispositions will be considered at approximately 10:45 am. Where attorneys or parties check in but fail to return to conference or otherwise resolve their cases within a reasonable period of time, the Court will consider appropriate disposition.
Cases assigned to the Part S by the Expediter (Part X) for hearing, trial or inquest are expected to be ready to promptly proceed. The rule that the parties shall have 20 minutes after assignment by the Expediter to appear in the part for trial will be enforced.
Part N is a Trial and Resolution Part. Cases are heard on Tuesday and Thursday nights only. Cases are heard beginning at 6:00 pm or earlier if the part is open. Only cases where neither party has a lawyer and scheduled for night court in Part N. If an attorney does appear, it will be the Court's discretion whether to hear the matter that evening, adjourn it to another evening, or reschedule it to day court. At each appearance before the Court, the parties should be prepared both to conference their case, and if the case is not settled, to have a trial conducted by the Court.
When applicable, a notice of appearance, withdrawal, substitution or discharge of attorney is to be submitted on a proper form. There are no automatic adjournments or discontinuances. The Court will hear all such requests and will require a stated reason for the adjournment or discontinuance. If a case is "put up" for conference or allocution of a stipulation, the parties and attorneys are expected to remain in the part unless otherwise directed by the Court. In all cases, the parties and attorneys shall periodically inform the court staff as to the progress of their case and remain available for the case to be called.
All stipulations will be allocated by the Court. They must be legible. Non-payment stipulations shall contain either an accurate and proper breakdown or make specific reference to a breakdown being provided. Stipulations shall contain a list of alleged repairs, access dates for inspection and repair (unless the parties must indicate "access dates to be arranged") and a final completion date, or a statement that no repairs are alleged or needed. The Court strongly prefers that if a "disputed amount clause" is to be contained in a stipulation, the stipulation provide a date for the landlord and tenant to meet to attempt to resolve the dispute, and if it cannot be resolved, that the case must be restored to the Court's calendar by a reasonable date, failing which the disputed amount is deemed waived.
Dignity, order, decorum, respect and consideration are indispensable to the fair, equal and proper administration of justice. Therefore, the Court will insist that counsel, parties, witnesses and spectators conduct themselves appropriately while in or around the courtroom/courthouse.
