Part Rules
Resolution Part Rules Trial Part Rules
Resolution Part Rules
Hon. Timmie Erin Elsner
1. All parties or their attorneys are to sign in with the Clerk upon entering the Part. There will be no roll or calendar call.
2. Service or a representative of a party, other than an attorney, may not answer in the part on behalf of a party to request an adjournment nor may they appear before the Court in any matter scheduled for trial or hearing. Where a matter is scheduled for a motion, service may appear in order to request an adjournment.
3. Defaults on matters scheduled for 9:30 A.M. will be taken at 10:30 A.M. At that time, court personnel will call those matters for which only one party answered. In the event the absent party does not respond, a default will be taken against them.
4. Parties may not adjourn proceedings by stipulation in matters scheduled for trial. Applications for adjournments of continuing trials must be made before the Court. An application for adjournment of a trial will be granted only if an emergency has arisen which prevents either counsel, a litigant, or a witness from appearing in court.
5. The Court will allow two stipulated adjournments of motions pending before the Court. Thereafter, the parties must appear before the Judge in order to request additional time.
6. Attorneys must appear with their clients on all matters referred for trial from Part X. Agents appearing on behalf of a petitioner must have authority to enter into a stipulation of settlement and to participate in meaningful negotiations.
7. A default judgment will be entered against any party who does not appear in the part for trial within one half hour and after referral of the matter from Part X.
Trial Part Rules
Hon. Timmie Erin Elsner
1. All parties or their attorneys are required to check in with the Court Officer upon entering the part. There will be no role or calendar call. Neither attorneys nor parties are permitted to "call out" for the other side. Only court personnel may call out in the courtroom.
2. Service may not answer in the part on behalf of a party to request an adjournment nor may they appear before the Court in any matter scheduled for trial or hearing. A representative of a party, other than an attorney, may not answer or appear on behalf of any party without written authority from said party.
3. All parties and their attorneys are required to appear in this part within fifteen minutes of the proceeding's referral from Part X. Witnesses on call at the time of the referral are to be present within thirty minutes after the attorneys check into the part. Defaults on matters referred from Part X will be taken fifteen minutes after the file is received in this part.
4. All proceedings shall be conferenced by the Court between the parties and counsel before a trial will be conducted. If the parties are discussing settlement of the proceeding, they must appear before the Court and inform the Court of same. The parties shall inform the Court of the status of the settlement discussions within thirty minutes thereof.
5. Defaults on matters scheduled in this part for 9:30 am will be taken at 10:00 am. At that time, court personnel will call those matters for which only one party checked in or answered. In the event the party who has not checked in or answered does not respond to court personnel, a default will be taken against them.
6. Parties may not adjourn trials or hearings by stipulation. An application to the Court must be made. Adjournments will only be granted where an emergency has arisen which prevents either counsel, a litigant or a witness from appearing in court. All stipulated adjournments where one side is pro se must be reduced to writing and reviewed by the Court.
7. Every stipulation of settlement in a nonpayment proceeding must provide a breakdown of the arrears alleged owed. If the tenant intends to seek assistance from DSS, said breakdown shall contain a listing of the actual monthes for which the tenant or agency failed to pay rent. A "first in first out" breakdown will not be accepted.
8. Every stipulation of settlement where repairs are an issue shall contain a list of the repairs allegedly required or a statement that no repairs are needed.
9. The parties must provide a submission schedule to the Court upon adjourning any motion. The Court will allow one stipulated adjournment of any pending motion. Thereafter, the parties must appear before the judge to request any additional adjournments. Unless a motion is returnable by order to show cause, all papers must be submitted to the Court one (1) business day prior to the date the motion is scheduled to be heard so they may be reviewed by Court prior to oral argument.
