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New York StateUnified Court System

Civil Term - Part Rules, Part 33, Courtroom B-10


Justice James J. Golia
25-10 Court Square
Long Island City, NY 11101
Chambers Phone: (718) 298-1604
Courtroom Phone: (718) 298-1601
Law Secretary: Laurentina McKetney Butler
Secretary: Krystal Spriggs

Preliminary Conference | Compliance Conference | Motions | Trials | Settlements and Discontinuances | Infant's Compromise Orders | Uncontested Matrimonials

 

Preliminary Conference

All preliminary conferences will be held on Mondays at 11:30 a.m. in the Preliminary Conference Part, Room 314 of the Jamaica courthouse located at 88-11 Sutphin Blvd., Jamaica, NY. 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. Inquiries pertaining to preliminary conferences shall be made to the Preliminary Conference Part at (718) 298-1046.

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Compliance Conference

Compliance conferences shall be held on the date scheduled in the Preliminary Conference Stipulation and Order. Conferences shall be held in Room 313 of the Jamaica courthouse. Inquiries pertaining to compliance conferences shall be made to the Compliance Conference Part at 718-298-1093.

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Motions

Motions noticed on or after October 1, 2012, shall be made returnable, Monday through Thursday at 2:15 p.m. and on Friday at 11:00 a.m., in the Centralized Motion Part (“CMP”) located in the Jamaica courthouse located at 88-11 Sutphin Blvd., Jamaica, NY. All questions concerning CMP motion practice should be directed to CMP at 718-298-1728. The CMP Rules can be found at: www.nycourts.gov/courts/11jd/supreme/civilterm/CentralizedMotionPart_Rules.pdf

All motions that were returnable through and including September 27, 2012 that have been adjourned, shall continue to appear on the Part 33 Motion Calendar in the Long Island City Supreme Court located at 25-10 Court Square, Long Island City, NY 11101-4335, on Tuesdays at 9:30 a.m.

With respect to motions returnable in Long Island City:

• Answering papers, including cross motions, affirmations in opposition and reply affirmations, will be accepted only on the return date. All E-filed motion, should be submitted with a working copy of the complete document, together with a Confirmation Notice affixed thereto.

• All motions and ex-parte applications submitted to the court shall be in compliance with Uniform Rule § 202.5. In addition, all pages and paragraphs must be numbered and all exhibits are to be proceeded by an 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.

Personal appearances are mandatory on all disclosure and discovery related motions and for all orders to show cause. All other motions may be submitted without a personal appearance. An attorney appearing on a case for any purpose must be familiar with the case, ready and authorized to resolve any and all issues. Oral argument will be entertained in the Court’s discretion. Whenever a personal appearance is not required, use of calendar service is permitted to submit papers and to request consent adjournments.

NO adjournments will be granted by telephone, mail, or fax . Applications for adjournments on consent or otherwise will be entertained only at the call of the calendar. Adjournments on consent will be allowed upon written stipulation and are generally limited to two such adjournments. All adjournment stipulations must contain the signatures of the individual attorneys consenting to the adjournment. Members of the Bar are to make every effort to notify their adversaries and co-counsel of all applications for adjournments in advance.

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

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

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Trials

1. Be Prepared. Plaintiff’s counsel shall requisition the file to the Part 33 courtroom immediately after assignment of the case to this part. Counsel should ascertain the availability of all witnesses and subpoenaed documents. Any special needs, e.g. interpreter, easels, blackboards, shadow boxes, television, subpoenaed material, etc., must be reported to the Court Officer, in advance, so as not to delay the progress of the trial.

2. Marked Pleadings Plus . Plaintiff’s counsel shall furnish the Court with copies of marked pleadings, the bill(s) of particulars and a copy of any statutory provisions in effect at the time the cause of action arose upon which any party relies;

Additionally, counsel for both parties shall provide to the Court:

a) a chronological summary of all expert reports to be offered into evidence together with a glossary of terms that will be used or are expected to be used by the expert witness but are typically unfamiliar to a lay person;

b) a chronological list of all dates relevant to the matter on trial;

c) all reports, depositions and written statements which may be used to either refresh a witness’ recollection and/or cross-examine the witness;

d) to the extent any part of a deposition is to be read into evidence (as distinguished from mere use on cross-examination) you must, in advance, provide the Court and your adversary with the page and line number of all such testimony so that all objections can be addressed prior to use before the jury;

e) a list of the names of all witnesses to be called by you and for each such witness the elements of proof to be supplied or addressed by such witness; and

f) proposed jury charges and proposed verdict sheets. Amendments thereto shall be permitted at the final charging conference. Jury charges should be referred to by PJI number and topic. If any changes to the PJI are suggested, then the entire proposed charge should be set forth and the changes should be highlighted. Citations to appropriate statutory or common law authority must be given in support of suggested non-PJI jury charges or suggested PJI modifications.

3. Pre-trial conferences will be held prior to every trial. At this conference counsel should be prepared to:

a) Discuss settlement;

b) Advise the Court as to all anticipated disputed issues of law and fact, and provide the Court with copies of all statutory and common law authority upon which counsel will rely;

c) Stipulate to undisputed facts and the admissibility of clearly admissible documents and records;

d) Advise the Court of any anticipated in limine motions or evidentiary objections which counsel intends to make. Motions in limine may be made orally however must be supported by a memorandum of law. All prior decisions and orders relevant to any in limine application must be provided to the Court;

e) Advise the Court of any anticipated requests for a jury instruction relating to missing witnesses and/or documents;

f) Advise the Court of any anticipated request for apportionment as to alleged culpable non-parties pursuant to CPLR Article 16.

g) Discuss scheduling as well as the number of witnesses to be called at trial, and the estimated length of the trial.

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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 of settlement or a letter. All stipulations of discontinuances must be accompanied by proof of payment of the appropriate fee. (CPLR § 8020[d][1]).

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Infant's Compromise Orders

Before submission of an infant’s compromise order, counsel shall obtain from the clerk of Part 24 an infant compromise checklist to ensure the submission of all necessary information and documentation. Infant compromise hearings will be scheduled by the Court and the plaintiff will be informed of the hearing date by mail.

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Uncontested Matrimonials

Any corrections to a rejected set of matrimonial papers must be submitted to the
directly to chambers within 60 days of the rejections date.

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