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New York StateUnified Court System

Civil Term - Part Rules, Part 19, Courtroom 48


Justice Bernice D. Siegal
88-11 Sutphin Blvd.
Jamaica, NY 11435
Chambers Ph: (718) 298-1080
Courtroom Ph: (718) 298-1172
Law Secretary: Alan J. Schiff
Secretary: Melonie D. Holder-Mayzoub
Part Clerk: Maria M. DeMarco

Motion Practice | General Rules | Inquiries | Preliminary Conference | Compliance Conference | Motions Papers and Ex Parte Applications | Decisions | Trials | Settlements and Discontinuance | Electronic Filing of Legal Papers | Infant's Compromise Orders | Interpreters

 

Motion Practice

CENTRALIZED MOTION PART (CMP) effective October 1, 2012: All applications noticed for or after October 1, 2012 must be made returnable before the CMP, to be heard Monday thru Thursday at 2:15 p.m. in Courtroom 25. Effective January 4, 2013 all Friday calendars for the Centralized Motion Part will be called at 11:00 a.m. in courtroom 25. Please refer to the CMP rules available at http://www.nycourts.gov/courts/11jd/supreme/civilterm/Centralized_Motion_Part_Rules.pdf

For questions regarding CMP motions, call (718) 298-1728; do not call the Chambers or Courtroom of Justice Siegal regarding CMP motions.

Applications made returnable prior to October 1, 2012 will remain with the assigned IAS Justice until resolution, to be called every Wednesday at 9:30 a.m. promptly with a second call will follow at 10:00 a.m. Any such motions relating to any phase of discovery and/or bill of particulars (including motions to preclude, strike pleadings, restore a case to the Trial Calendar or to vacate the Note of Issue) require personal appearances by counsel prepared to discuss and agree upon a discovery schedule. All motions to vacate a default judgment require personal appearance by all parties. Petitions to transfer structured settlement rights require the transferor to be present at the calendar call if scheduled in the IAS Part 48.
All other motions and applications may be submitted on papers only and use of calendar service is permitted for submissions. Oral argument will be entertained only in the court's discretion. Inquiries regarding adjournments may be made to the Part at telephone number (718) 298-1172.

Motions for Summary Judgment must be made within 60 days of the filing of the Note of Issue regardless of any dates set in the Preliminary Conference Order.

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General Rules

Court Appearances of Counsel

Attorneys are directed to appear at 9:30 a.m. sharp for all calendar calls, and at the previously scheduled time for all hearings, either personally or by a representative fully familiar with the case and who is authorized to settle, try, stipulate or dispose of any issue. In the event of actual engagement, as defined in Rule 125.1 of the Court Rules, an affidavit or affirmation must be submitted to the Clerk of the Part prior to the calendar call together with a stipulation signed by opposing counsel setting forth an agreed upon adjourned date. Failure to comply with the foregoing may result in dismissal, inquest or other sanctions. Mandatory appearance of all counsel and pro se litigants is required on all applications made by Order to Show Cause, particularly any applications to impose or continue a temporary restraining order.

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Inquiries

All inquiries as to case or calendar status are, in the first instance, to be made to the appropriate Clerk's Office (see below). The only inquiries to be made directly to Chambers or the Part should be those involving the immediate exercise of judicial discretion.

IAS Motion Support Office: (718) 298-1009
IAS Ex-Parte Support Office: (718) 298-1018

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Preliminary Conference

A Preliminary Conference shall be scheduled (1) automatically by the Court within 45 days after filing a Request for Judicial Intervention, pursuant to 22 NYCRR 202.12(b), or (2) upon filing a written Request for a Preliminary Conference with the Clerk’s Office, Room 140, in compliance with 22 NYCRR 202.12(a) or an appropriate notice is filed in malpractice or certiorari cases pursuant to 22 NYCRR 202.56 and 202.60.

All Preliminary Conferences will be held on THURSDAYS at 11:30 A.M., at the Preliminary Conference Part, Room 3002 of the courthouse, and they are presided over by the court-appointed referee, unless otherwise directed by the Court. Attorneys are required to "sign in" by 11:30 a.m. Counsel attending the conference must be fully familiar with and authorized settle, stipulate or dispose of the proceedings. There shall be no more than one consent adjournment by written stipulation, signed by all parties, and presented to the referee on the date of the scheduled Preliminary conference. Such adjournment shall be for a period of no more than 14 days. Any further adjournments shall be by application to the referee, in person, upon notice to all other parties. A Preliminary Conference Order will issue setting forth the issues resolved, issues to be determined at trial, a timetable for completion of disclosure proceedings, the compliance conference date, and the date for filing the Note of Issue. No adjournments of any dates of scheduled discovery will be permitted without leave of court. Be further advised that no ex parte application for adjournments will be entertained. Counsel for all parties must appear at all scheduled preliminary conferences and, whether present or not, will be bound by all orders of the court issued in connection therewith. Failure to appear at the scheduled Preliminary Conference may result in discovery being ordered ex-parte or any other appropriate sanction including preclusion or dismissal. Any inquiry pertaining to Preliminary Conferences shall be made to the Preliminary Conference Part at (718) 298-1046.

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Compliance Conference

Compliance Conference shall be held on the date scheduled in the Preliminary Conference Stipulation and Order. All Compliance Conferences shall be held on WEDNESDAYS at 9:30 A.M. before Justice Martin Ritholtz, Room 313.

Inquiries pertaining to Compliance Conferences shall be made to the Compliance Conference Part at 718-298-1093.

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Motions Papers and Ex Parte Applications

All motion papers submitted shall be in compliance with Uniform Rule Sec. 202.5, concerning papers filed with the court. In addition to the requirements of Sec. 202.5, all pages are to be numbered and all paragraphs are to be numbered. All exhibits are to be proceeded by a numbered exhibit tab which protrudes from the stack of papers. All submissions are to be securely fastened so as to prevent the papers from separating from each other and becoming lost. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT IN REJECTION OF THE OFFENDING SUBMISSION.

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Decisions

Any attorney or pro se litigant desiring a copy of the Court’s decision must submit a stamped, self-addressed envelope with the motion papers or at the conclusion of trial.

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Trials

All counsel must submit to the court, prior to the commencement of trial, marked pleadings, copy of the bill of particulars, a witness list, exhibit list, proposed jury instruction and a proposed verdict sheet. If the proposed jury instructions are verbatim from the Pattern Jury Instructions ("PJI"), only PJI numbers are necessary. If a PJI is being modified, exact language must be submitted together with the appropriate authority therefore. In the case of a bench trial, all counsel must submit a witness list, proposed findings of fact and a memorandum of law.

Motions in Liminie – On the first appearance in the Part for trial, any party intending to make a motion in liminie shall submit a brief written affirmation setting forth the nature of the application and any supporting statutory or case law. The party shall furnish the court with an original and one copy and provide counsel for all parties with a copy.

The trial will be conducted on a continual daily basis until conclusion.

No adjournments or delays during trial will be accepted unless exigent circumstances exist.

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Settlements and Discontinuances

If an action is settled, discontinued or otherwise disposed of, counsel shall immediately inform the court by submission of a copy of the stipulation or a letter directed to the Clerk of the Part. Filing a stipulation of discontinuance with the County Clerk does not suffice. All stipulations of discontinuances must be accompanied by proof of payment for the appropriate fee.(CPLR §8020(d)(1))

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Electronic Filing of Legal Papers

Parties interested in electronic filing should read materials set forth at www.nycourts.gov/efile and the Uniform Rules for Trial Courts §202.5-b.

Where motion/responsive papers, including exhibits and memoranda of law, are filed by electronic means pursuant to Uniform rule §202.5-b, courtesy hard copies of such papers shall be submitted to the Court on the return/adjourned date of the motion. No motion/responsive papers shall be considered unless courtesy hard copies are submitted to the Court on the return/adjourned date of the motion. Each submitted hard copy shall bear a conspicuous notice on the first page thereof that the document has been filed electronically (Uniform rule §202.5-b[d][4]).

The Court’s rules concerning motion papers shall apply to courtesy hard copies submitted to the Court. Appearance of counsel is mandatory on all e-filed motions. All other motion practice rules of this part, as well as all rules regarding motion papers and ex-parte applications are applicable to e-filed motions.

Any order, judgment or stipulation that requires the Justice’s signature shall be submitted in hard copy to the court.

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Infant’s Compromise Orders

Before submission of an Infant’s Compromise Order, counsel shall obtain from the Clerk of Part 19 an infant compromise check list to ensure the submission of all necessary information and documentation. Infant’s compromise orders sent to chambers without the required completed worksheet will be returned to counsel. Proof of payment of any appropriate fee is required.

Infant Compromise Hearings will be scheduled by the Court, and the plaintiff will be informed of the hearing date via telephone.

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Interpreters

Before submission of an Infant’s Compromise Order, counsel shall obtain from the Clerk of Part 19 an infant compromise check list to ensure the submission of all necessary information and documentation. Infant’s compromise orders sent to chambers without the required completed worksheet will be returned to counsel. Proof of payment of any appropriate fee is required.

Infant Compromise Hearings will be scheduled by the Court, and the plaintiff will be informed of the hearing date via telephone.

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