Part Rules
Resolution Part Rules Trial Part Rules
Resolution Part Rules
Hon. Michelle Schreiber
1. 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.
2. Defaults: a default is entered by the clerk only after the file is endorsed by the court.
9:30 AM cases: parties that have not checked in by 10:30 AM will be held in default for failure to appear;
10:30 AM cases: parties that have not checked in by 11:30 AM will be held in default for failure to appear;.
11:30 AM cases: parties that have not checked in by 12:30 PM will be held in default for failure to appear;.
2:15 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, that party will also be held in default. Please note that these times will be adjusted back by 15 minutes if there is a protracted morning session.
3. Status Call: parties must be present or notify the Court of the status of their case. A status call will be conducted as follows: 9:30 AM cases where parties have checked in by 10:30 AM but fail to be present for the status call at 10:30 AM and/or notify the Court of the status of their case may be defaulted, dismissed or adjourned at the Court’s discretion.
10:30 AM cases where parties have checked in by 11:30 AM but fail to be present for the status call at 11:30 AM and/or notify the Court of the status of their case may be defaulted, dismissed or adjourned at the Court’s discretion.
11:30 AM cases where parties have checked in by 12:30 PM but fail to be present for the status call at 12:30 PM and/or notify the Court of the status of their case may be defaulted, dismissed or adjourned at the Court’s discretion.
2:15 PM cases where parties have checked in by 3:00 PM but fail to be present for the status call at 3:30 PM and/or notify the Court of the status of their case may be defaulted, dismissed or adjourned at the Court’s discretion.
4. Notice of Appearance: 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.
5. 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.
6. Stipulations: proposed stipulations of settlement shall be submitted to the Court Officer or Clerk for review by the Court Attorney and/or Judge. 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 will return. In all nonpayment cases petitioner must provide a breakdown with a zero balance; a deed and assignment of rent 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. 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 such fees.
7. Discontinuances: all discontinuances must be memorialized in a stipulation indicating the reason for the discontinuance and whether the discontinuance is with or without prejudice. A stipulation discontinuing a nonpayment proceeding shall also designate whether repairs are necessary, and if so, a list of the repairs as well as access and completion dates.
8. 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.
9. Inquests: inquests will be conducted in the Part at 3:00 PM. Petitioner must be prepared to submit evidence obtained within the last 30 days of nonmilitary status before a default judgment will be entered.
10. NYCHA cases: in addition to the above, in order to avoid a default the Housing Assistant (HA) must check in prior to the default times noted in paragraph two; applications for adjournments due to the unavailability of the HA must be made timely. All stipulations must indicate whether there are any other proceedings pending, and if so, dispositions on those proceedings must be included. Prior to entry of a default judgment in nonpayment cases, the HA must provide proof that the petition has not been satisfied. If a holdover proceeding is scheduled for inquest on more than two occasions and NYCHA is not prepared the matter will be dismissed or marked off calendar in the discretion of the court.
These rules are subject to modification by the Court.
Trial Part Rules
Hon. Michelle Schreiber
1. The Part opens promptly at 9:30 AM and 2:15 PM (unless there is an extended morning session necessitating a delayed opening in the afternoon).
2. There is no roll/calendar call. Parties are to check in with the Court Clerk or Court Officer.
3. Defaults may be taken after 10:00 AM for any matter on the 9:30 AM calendar. Defaults may also be taken on cases referred from Part X where a party fails to check in within thirty minutes of the referral.
4. The Court Attorney or Judge will conference the case before commencing the trial. If the matter cannot be resolved the trial will commence immediately.
5. The Court will not accept adjournments over the telephone. 6. The above rules are subject to modification in the discretion of the Court.
