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Civil Term - Part Rules, Part 24, Courtroom 122


Justice Augustus C. Agate
88-11 Sutphin Blvd.
Jamaica, NY 11435
Chambers Ph: (718) 298-1186
Courtroom Ph: (718) 298-1043

Preliminary Conference | Compliance Conferences | Motion Practice | Trials | Infant's Compromise Orders

 

Preliminary Conference

A preliminary conference shall be scheduled automatically by the Court within forty-five (45) after filing a Request for Judicial Intervention, pursuant to 22 NYCRR 202.12(b); or 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 Thursday at 9:30 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. 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 ordered. Any inquiry pertaining to preliminary conferences shall be made to the Preliminary Conference Part at (718) 298-1046.

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Compliance Conferences

Compliance conferences shall be held on the date scheduled in the Preliminary Conferences Stipulation and Order. Conferences shall be held before Justice Ritholtz in Room 313. Any inquiry pertaining to compliance conferences shall be made to the Compliance Conference Part at 718-298-1093.

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Motion Practice

ALL MOTIONS AND ORDERS TO SHOW CAUSE MADE RETURNABLE AFTER OCTOBER 1, 2012, WILL BE HEARD IN THE CENTRALIZED MOTION PART (CMP) AT 2:15 PM, Monday - Thursday and 11:00 AM on Friday.

PLEASE CHECK CMP RULES:
www.nycourts.gov/courts/11jd/supreme/civlterm/CentralizedMotionPartRules.pdf

All inquires pertaining to CMP Motions shall be made to the Centralized Motion Part at 718-298-1728.

The following rules shall apply to Motions and Orders to Show Cause initially made returnable before October 1, 2012 and adjourned to a date on the Part 24 motion calendar:

The Motion Calendar will be called every Tuesday at 9:30 a.m. PROMPTLY. There will be a second call of the calendar at 10:30 a.m.

Appearances are required by all counsel and/or pro se parties on all motions and Orders to Show Cause on the adjourned date, with knowledge of the case and full authority to settle the matter and enter into binding stipulations.

Cross Motions, Affirmations In Opposition and Reply Affirmations will only be accepted on the adjourned date in the Part. THE COURT WILL NOT CONSIDER ANY PAPERS SENT TO CHAMBERS OR THE PART AFTER THE TIME OF SUBMISSION.

On the adjourned date, all parties must submit a working copy/hard copy of all papers that have been electronically filed. On the adjourned date, the movant must submit Affidavits of Service with respect to any application brought by Order to Show Cause. The movant’s failure to appear on a motion will result in the motion being marked off the calendar. If the movant appears but the opponent does not, the motion will be taken in without opposition.

Oral argument will be entertained only in the Court’s discretion.

Motions may be adjourned on consent by written stipulation of ALL counsel and pro se litigants. The Stipulation can be brought to the Part on the calendar call date or can be faxed to chambers (718-298-1158) no later than 5:00 p.m. on the day prior to the adjourned date.

In the absence of consent to an adjournment, all applications for an adjournment must be made in person at the calendar call. There will be no more than two (2) adjournments, absent extenuating circumstances. After two (2) adjournments, all further requests for an adjournment must be made in person at the calendar call.

Please do not call the Part or Chambers for adjournments as NO adjournments will be granted on the telephone. Use service or fax.

All motions and ex-parte applications submitted shall be in compliance with Uniform Rule § 202.5. In addition to these requirements, all pages and paragraphs must be numbered. All exhibits are to be preceded 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 being lost. Failure to comply with the requirements of this section may result in rejection of the non-complying papers.

All parties must be prepared to discuss motions relating to discovery and to agree on a discovery schedule.

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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. Counsel must also know the availability of all witnesses who they intend to call during trial.

On the first appearance in the Part for trial, any party intending to make a motion in limine shall submit said motion in writing, with an 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 its conclusion. No adjournments or delays during trial will be accepted unless exigent circumstances exist.

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Infant's Compromise Orders

Before submission of an infant’s compromise order, counsel shall contact the clerk of Part 24 to confirm that all necessary information and documentation has been submitted. If all necessary paperwork is presented, chambers will contact counsel to arrange a date for the infant’s compromise order to be reviewed.

All inquiries to case or calendar status are to be made to the appropriate clerk’s office.

Centralized Motion Part (718) 298-1728
IAS Motion Support Office (718) 298-1009
Ex-Parte Support Office (718) 298-1018
Trial Term Office (718) 298-1015

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