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Kings County Supreme Court Uniform Civil Term Rules

Table of Contents

Part A- Papers

Part B- Preliminary Conference (PC) Rules

Part C- Motions In IAS Parts/ Motion Calendar Calls

Part D- Note of Issue

Part E- Central Compliance Part Rules

Part F- General Foreclosure Rules

Part G- Foreclosure Settlement Part Rules

Part H- Auction Rules

Part I- Commercial Division Rules

Part J- Uniform Matrimonial Rules

Part K- Condemnation Part Rules

Part L - City Discovery Part Rules

Part M - Kings Neutral Evaluation Part Rules

The Judges of the Civil Term Supreme Court, in order to promote the efficient and impartial administration of justice, hereby adopt the following common and uniform rules (see Note #1):



This rule applies to all Civil Term Parts of the Court.

Motions, orders and other filed papers shall be indexed with protruding tabs. Clerks are required to reject papers that do not have protruding exhibit tabs, except papers in matrimonial cases and papers filed by pro se litigants. Motion papers must be filed with the E-file/Motion Support Office located in Room 227, Ex Parte Office located in Room 295, Foreclosure Part Office located on the 10th Floor, OR in the Guardianship/Mental Hygiene Office located in Room 285 (see Note #2), at 360 Adams Street at least five (5) business days before the return date of the motion. Cross-motions must be filed at least two (2) days before the return date of the motion (see Note #3).


1. Rules pertaining to Matrimonial, Commercial, and Foreclosure Parts are incorporated herein. Where rules in such parts differ from general rules, specialized rules shall govern.

2. These rules do not otherwise control the Guardianship/Mental Hygiene or Condemnation Parts.

3. Room changes may be made upon appropriate notice.

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Preliminary Conference (PC) Rules

1. The filing/purchasing of an RJI will automatically prompt the scheduling of a preliminary conference.

2. The attorneys shall, in the first instance, attempt to reach an agreement on all relevant discover. Disputed matters will be adjudicated by the Court.

3. The parties must be prepared with bills of particulars, medical reports and insurance coverage.

4. Strict compliance with the PC order shall be enforced by the imposition of costs and sanctions when appropriate.

5. Discovery in third party and joint actions will be expedited.

6. Any motion seeking discovery related relief filed prior to the PC shall be scheduled concurrently with the PC in the Intake Part.

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Motions in IAS Parts

1. Motion papers, answering affidavits and reply affidavits must be served on adversaries in accordance with CPLR 2214.

2. Irrespective of the return date indicated in the notice of motion, motions will be rescheduled by the E-file/Motion Support Office to a date designated by the assigned Judge.

3. All motions require appearances and oral argument.

4. Unless the Judge’s Part Rules provide otherwise, motions may be adjourned twice, on consent, without appearance, for a period not to exceed sixty (60) days from the initial return date of the motion. Adjournment of motions without appearance may be done by usage of stipulation or affirmation submitted no later than the previous work day. Any subsequent adjournment shall be by personal application.

5. No courtesy copies of motion papers are required by the Court, except as may be required for electronic filing or by the Judge’s Part Rules. In tort cases against the City of New York, courtesy copies shall be supplied to the Corporation Counsel’s office in Brooklyn.

6. Post Note of Issue Summary Judgment Motion: In cases where the City of New York is a defendant and is represented by the Tort Division of the Corporation Counsel’s office, summary judgment motions may be made no later than 120 days after the filing of a Note of Issue. In all other matters, including third party actions, motions for summary judgment may be made no later than sixty (60) days after the filing of a Note of Issue. In both instances the above time limitation may only be extended by the Court upon good cause shown. See CPLR 3212(a).

Motion Calendar Calls

7. There shall be two (2) calendar calls on motion days. The first calendar call shall be at 9:30 AM and the second calendar call shall be at 10:45 AM, unless the Judge’s Part Rules provide otherwise. Defaults shall only be taken on second call. Attorneys with appearances elsewhere in the courthouse may advise the clerk of their whereabouts to avoid a default. Failure to so advise the clerk or appear at the default calendar call will result in a default order being entered or the motion being marked off the calendar.

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Note of Issue

1. The filing requirement for Notes of Issue in Kings County is an original and two copies.

2. Any party objecting to the filing of a Note of Issue may move to vacate, pursuant to Uniform Rules for the NYS Trial Courts section 202.21(e).

3. Any third party action commenced after the filing of a Note of Issue shall be subject to severance.

4. A 90-day notice (CPLR 3216) shall permit a plaintiff to file a Note of Issue within such ninety (90) days without a Court order.

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Central Compliance Part Rules

Courtroom 282
Opens at 9:30 A.M.
Telephone number: 347-296-1626

Compliance Conferences

1. The purpose of the compliance conference is to monitor the progress of discovery, set a deadline for filing a Note of Issue and resolve any outstanding discovery issues. Consequently, parties attending the compliance conference must be fully familiar with the case, the status of any disclosure proceedings, and any settlement negotiations.

2. Appearance at the compliance conference is not necessary if a Note of Issue has been served and filed with the court prior to the compliance conference date. In such cases, a copy of the Note of Issue may be presented to the part clerk on or before the date of the conference or a party may notify the clerk prior thereto.

3. There will be no adjournments of a scheduled compliance conference except in special circumstances.

Conference Calendar Calls

4. Compliance conference forms are available in the courtroom and may be completed when all parties are present. When all parties are present and there is a disagreement on any issue, a court attorney will conference the case in the first instance. If the court attorney is unsuccessful in resolving the issue, the matter will be referred to the assigned Judge/JHO.

5. There is one calendar call at 11:45 AM. This is also the default call. Attorneys with appearances elsewhere in the courthouse should advise the clerk of their whereabouts to avoid a default.

6. Cases dismissed for non-appearance may be restored by written stipulation signed by all parties within 30 days of default or by motion.


7. Motions which only seek discovery related relief are scheduled in the Centralized Compliance Part by the E-file / Motion Support Office, on the date the motion is scheduled to be heard, regardless of judicial assignment. Attorneys are advised to consult, inter alia, the New York Law Journal or the Unified Court System's Future Court Appearance Website for the return dates.

8. Hard copies are required to be filed for any motions, answering papers, stipulations, etc. for E-filed cases returnable in this Part at least 5 days before return date for main motions, and 2 days for cross motions.

9. Motions must be accompanied by an affirmation of good faith pursuant to NYCRR 202.7(a), indicating what efforts have been made to resolve the motion.e


10. Any order granted on default must be served on all defaulting parties within seven (7) days of the order.

11. If all parties served with the motion are present, they may enter into a consent order. If a new Note of Issue date is required, the order should be filled out and signed by all parties leaving a space for the Note of Issue filing date to be entered by a court attorney. Order should include all outstanding discovery, or indicate that discovery is complete. Consent orders are not effective, or allowed to be copied until they have been reviewed by a court attorney and signed by Judge or JHO.d

Adjournment of Motions

1. Appearances are required on all motions. Motions are heard on the return date, and are only adjourned upon good cause. Applications for adjournment on consent of all parties shall be heard by the court attorneys.

  • If all parties are not present, an application may be made by the party(ies) present at the default calendar call at 11:45am.df
  • There shall be no extension of time for filing summary judgment motions after the Note of Issue, except upon application to the Court.f


Stipulations will only be accepted to restore a case to either the CCP or Preliminary Conference calendars. Stipulations to extend the note of issue date or summary judgment date WILL NOT be accepted by the court.

1. Caption must match Court computer including third party actions.

2. All parties must be accounted for in the stipulation, including parties in default, parties dismissed on summary judgment, parties who have not appeared or answered, discontinuances, etc.

3. Signatures must be by an attorney; a law firm's name is insufficient.

4. If the case was disposed for failure to appear at either a PC or CC conference, the clerk of the court will assign the new conference date.

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General Foreclosure Rules

1. All foreclosure matters dealing with the same block and lot number shall be assigned to the same judge even where an earlier matter has been previously disposed.

2. In all foreclosure proceedings, the following form orders, judgments and applications, available at the Clerk’s office or online, must be utilized: the Order of Reference; the Judgement of Foreclosure and Sale; a Deficiency Judgment; the Order in a Surplus Money Proceeding; and the Referee’s Application for Additional Compensation.

3. The Ex-Parte Clerk is authorized to reject:

  • Motion papers that are not in compliance with the CPLR;
  • Motion papers filed less than five (5) days before the return date of the motion;
  • An application for an Order of Reference or Judgment that does not contain a statement pursuant to CPLR 3408, indicating eligibility/exemption from conference;
  • A notice of sale that does not comply with Rule 12;
  • An application for surplus money that does not contain a recognized title search or its equivalent as an exhibit.
  • A discontinuance in a foreclosure action except upon court order after an RJI has been filed.

4. A proposed order must be attached to any motion submitted to the E-file / Motion Support Office. In the event that a proposed order is not submitted with the motion, it must be submitted to the IAS Judge within 60 days or the motion may be deemed abandoned.

5. Each Order of Reference must have appended thereto, the history of the property by way of a chain of assignment, the date of the assignment, and a reference to the tab where that assignment is located.

6. If opposed, motions will be adjourned by the clerk to the assigned judge’s next available motion date for argument.

7. Every affidavit for an exemption from a conference made pursuant to CPLR 3408 and RPAPL 1304 must specify the grounds for same and provide supporting documentation and affidavits from persons with direct knowledge. Where the claim is that the borrower is not living in the subject house, then an affidavit of investigation substantiating this allegation must be appended which states inter alia that the borrower is not living in the house and that no action by the mortgagee or its agents procured same. This affidavit shall be included in the motion for a Judgment of Foreclosure and Sale.

8. Within one year after the signing and entry of an Order of Reference, an application for a Judgment of Foreclosure and Sale must be made. Such period of time will be suspended by the filing a Forbearance or Settlement Agreement with the clerk of this court. Failure to comply will result in an automatic dismissal of the action.

9. The court-appointed referee shall determine the date of the sale which is to be held at the time and place indicated in the Judgement of Foreclosure and Sale and shall notify plaintiff sufficiently in advance thereof to permit publication of the Notice of Sale in compliance with RPAPL §231.

10. It is the plaintiff’s responsibility to arrange for publication. The costs of publication may be recouped from the proceeds of the sale.

11. A Notice of Sale must be submitted to the Foreclosure Department at least ten (10) days prior to the date of the auction. A copy of the Notice of Sale must simultaneously be sent to the owner of the equity of redemption at both his/her last known address and the property address. An affidavit of service of such notice shall be presented to the clerk on or before the auction sale.

12. It is the plaintiff’s responsibility to notify the referee of any encumbrances in advance of the sale date.

13. In the event plaintiff adjourns or cancels the sale, at least five (5) days notice, both written and telephonic must be given to the referee. If such notice is not timely given, plaintiff shall pay $250.00 to the referee in compensation.

14. A legally competent representative of plaintiff authorized to act on plaintiff’s behalf, must appear at the auction sale.

15. The upset price may not be greater than the amount stated in the referee’s report of sale together with CPLR judgment interest running from the filing of the Judgment of Foreclosure and Sale together with the amount represented by receipted bills for taxes. The referee appointed for the sale of the property may add judgment interest and taxes to the upset price at the time of the auction. Any additional maintenance charges or other expenses must be by separate order of the Court.

16. All Forbearance Agreements must be filed with the Foreclosure Clerk of the Court within twenty (20) days of the execution thereof.

17. No action may be discontinued except upon application to discontinue or stipulation by the plaintiff to discontinue submitted for approval by the Court. Payment of the fee required by CPLR 8020(d)(1) shall precede submission of the proposed discontinuance to the Court. Where a defendant homeowner has appeared for a settlement conference in a residential foreclosure action, either in person or by an attorney, an application to discontinue or stipulation of discontinuance must be served on opposing counsel or pro se defendant.c

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Foreclosure Settlement Part Rules

The purpose of this part is to preserve community housing, preserve banking funds, and to help a homeowner avoid the loss of his or her home.

1. A conference may be required by statute or mandated by appearance, reference or request.b

2. An appearing homeowner shall file a notice of appearance in the action indicating the homeowner’s name, address, telephone number, cell phone number and e-mail address on a form provided by the Court, with the clerk of the Foreclosure Conference Part who shall then forward it for appropriate filing.

3. Each appearing homeowner shall be provided with an information sheet that informs him/her of the foreclosure process.

4. Plaintiffs’ counsel must appear in the Foreclosure Conference Part with the work-out package describing potential loss mitigation options, reasonably current payoff and reinstatement figures, and with settlement authority and/or a direct contact number where a servicing agent with settlement authority can be reached and participate in settlement discussions before the Court.

5. The homeowner or his/her agent shall provide to the conference part employment verification, tax, and other records as required.

6. For cases involving servicing agents who have opted into the Home Affordable Modification Program (HAMP), counsel shall appear in the Foreclosure Conference Part with a status report regarding the outcome of the servicing agents’ evaluation for HAMP modification, and specific written justification with supporting details if modification under HAMP was denied.

7. All foreclosure cases in which the servicing agent as well as the homeowner has agreed to a trial modification, whether under HAMP or otherwise, shall be given a control date in the Foreclosure Conference Part coincident with the trial modification period.

8. In cases where settlement cannot be reached, plaintiffs’ counsel shall submit a letter to the Foreclosure Conference Part, and to the IAS Part, indicating the appearance of the homeowner and the good faith basis for the termination of the settlement negotiations that may result in foreclosure which may lead to the defendant’s losing his/her home, cf. CPLR 3408(a).

9. Foreclosure cases will be marked off the Foreclosure Conference calendar if: (a) the defendant has failed to appear for two (2) scheduled settlement conferences; (b) the Court has determined that the parties would not benefit from further settlement discussions; or (c) a settlement has been reached and the plaintiff has filed a Stipulation of Discontinuance or Forbearance Agreement with the Foreclosure Settlement Conference Part as well as the Court.

10. Any agency or representative assisting the homeowner shall provide copies of all documents, including the completed work-out package, to the homeowner, who should bring them to the settlement conference.

11. All parties must appear at the settlement conference until the action is settled by means of a modification or other agreement signed by all parties as well as the IAS judge or the matter is referred to the IAS part.

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Auction Rules


1. The Referee and all interested parties must be present at the place indicated in the Order of the Court on the published date promptly at 2:30 PM.

2. The Terms of Sale, including any known encumbrances, must be posted outside of the courtroom no later than 1:45 PM of the day of sale.

3. Referees shall announce any encumbrance on the property prior to bidding.

4. Referees will accept either 1) cash; or 2) certified or bank check made payable to the Referee. No double-endorsed checks will be accepted.

5. A successful bidder must have in his/her possession at the time of the bid the full 10% of the sum bid, in cash or certified or bank check to be made payable to the Referee.

6. All bidders must have proof of identification and will be required to stand and state their names and addresses on the record at the time the bid is made.

7. No sale will be deemed final until the full 10% deposit has been paid to the Referee and a contract has been signed, which must be done in the courthouse immediately following the sale.

8. If a successful bidder fails to immediately pay the deposit and sign the Terms of Sale, the property will be promptly returned to auction the same day.

9. Bidders are cautioned that the failure to pay the full purchase price bid and appropriate closing costs at a closing to be scheduled within thirty (30) days following the auction may result in the forfeiture of the 10% deposit. The consent of the Court will be required for adjournment of the closing beyond ninety (90) days.

10. The amount of the successful bid, which will become the “purchase price,” will be recorded by the court reporter.

11. If the successful bidder defaults in concluding the transaction at the purchase price, he/she may be liable for the difference if the property is subsequently sold at auction for a sum which is inadequate to cover all items allowed in the Final Order and Judgment.

12. It is the responsibility of the bidder to acquaint him/herself with the property, any encumbrances thereon, and the Terms of Sale before placing a bid and to be certain that adequate funds are available to make good the bid. The failure of the successful bidder to complete the transaction under the terms bid will presumptively result in the bidder’s preclusion from bidding at auction for a period of sixty (60) days.

Surplus Funds

13. A court clerk will be present at all court-ordered foreclosure auctions. If there is a potential for Surplus Funds, the clerk will record the sale price, amount awarded in the final judgment of foreclosure and the upset price, and enter that information in CCIS (Foreclosure Surplus Screen).

14. When the sale price exceeds the greater of the judgement amount or upset price, the clerk will provide the referee conducting the sale a Surplus Monies Form at the auction to complete.

15. The form will include the following information: a case caption; name, address and telephone number of the referee; the plaintiff's representative and the purchaser; a judgement amount; and the upset and sale price. The form must be signed by the referee, plaintiff representative and purchaser of the foreclosed property.

16. The referee will complete the form at the auction, and deliver the signed form to the court clerk, who will subsequently provide it to the County Clerk.

17. All cases with a potential for Surplus Funds will be calendared for a control date in the Surplus Funds Part, no later than six months after the auction. (This is a non-appearance part.) On the control date, the clerk will consult the County Clerk Minutes. If Surplus Funds have been deposited or the Report of Sale indicates a deficiency, the appearance will be appropriately marked. In the event that no Report of Sale has been filed, but there are motions pending, the clerk will adjourn the case to a date beyond the motion return date in the Surplus Funds Part. If a Report of Sale has not been filed and no motions are pending, the case will be adjourned to the IAS Judge for further proceedings, as necessary, and the referee shall be notified.

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Commercial Division Rules


1. The following rules are intended to supplement the Statewide Standards and Rules for the Commercial Division (Uniform Rule § 202.70), which are applicable in Kings County. Counsel are expected to comply with all Statewide Rules as well as those promulgated herein.

2. The monetary threshold for cases in Kings County Commercial Division has been raised from $50,000.00 to $75,000.00.

3. Any party requesting a preliminary conference must annex a copy of the pleadings to the RJI when the request is filed with the Court.

4. Other than as expressly provided in the Rules of the Commercial Division or upon instruction of the Court, the Court will not accept or entertain letter applications for substantive relief. Unless directed by the Court, no communications are to be FAXED to chambers other than Stipulations of Adjournment in compliance with these rules, PC Orders prepared in conformity with Rule 7, or disclosure-related communications pursuant to Rule 18.

5. Courtesy copies should not be provided unless the Court so directs.


6. Preliminary Conferences. All preliminary and compliance conferences will be held on Wednesdays beginning at 9:45 AM unless otherwise directed by the Court. The conference calendar will be called after the first call of the motion calendar.

7. Online Preliminary Conference Orders. Preliminary Conference Orders may be entered on consent of the Court and all parties by printing and filling out the Preliminary Conference Form posted on the Kings County Commercial Division website. Following a conference call with the Court, the PC order, executed by all parties, must be faxed to Chambers two (2) business days prior to the date scheduled for the PC conference. Failure to timely comply with the procedural constraints herein will require an appearance on the scheduled date.

8. Prior to appearing for a preliminary conference, counsel should confer with clients so that schedules can be set for discovery.

9. Adjournment of Preliminary Conference. Adjournment of a preliminary conference may be requested by submission of a written stipulation at least two (2) business days prior to the scheduled date. Stipulations must be accompanied by a cover letter explaining the reason for the adjournment. The adjournment of a conference is at the discretion of the Court and may be permitted for good cause shown. No preliminary conference shall be adjourned more than once or for more than thirty (30) days. Fax numbers for all counsel must be provided in the cover letter or the stipulation. Any request for further adjournments will be entertained only under the most compelling circumstances and must be made via a telephone conference call with the Court in which all parties participate.

10. Adjournments of any other conferences are permitted for good cause with the approval of the Court on written stipulation of all parties submitted at least two (2) business days prior to the scheduled date of the conference. Stipulations may be faxed to the Judge’s chambers. Fax numbers may be found on the Kings County Commercial Division website under the Judges’ Part and Chambers Information.


11. The Court will entertain motions, as scheduled in the New York Law Journal and on E-Courts, on Wednesdays unless otherwise directed by the Court. Information on future court appearances is available on E-Courts. All motions require appearances and oral argument. All responsive papers must be filed with the Motion Support Office or the Clerk of the Part at least two (2) business days before the scheduled date of the motion.

12. The first call of the motion calendar will be at 9:45 AM. The second and final call will be held at 10:15 AM.

13. An appearance by an attorney with knowledge of the case and authority to bind the party is required on all motions and conferences.

14. Upon the argument of a dispositive motion, the Court will determine whether discovery shall proceed pending decision. As a general rule, discovery is not stayed by the filing of a dispositive motion.

15. Motions for Summary Judgement. All summary judgment motions shall be accompanied by a Statement of Material Facts as set forth in the Uniform Rules, §202.70(g), Rule 19-a.

16. Following argument and reservation of decision by the Court, no supplemental submissions will be accepted by letter or otherwise unless expressly authorized in advance. Uniform Rules, §202.70(g), Rule 18.

17. Adjournment of Motions. Dispositive motions (made pursuant to CPLR 3211, 3212 or 3213) may be adjourned only with the Court’s consent. Non-dispositive motions may be adjourned by written stipulation no more than three times for a total of no more than sixty (60) days unless otherwise directed by the Court. Adjournments must be obtained at least two (2) business days in advance of the return date except in the case of an emergency. Stipulations must be accompanied by a cover letter explaining the reason for the adjournment. Fax numbers for all counsel must be provided in the cover letter or the stipulation.

18. Disclosure Disputes. Parties must comply with the Uniform Rules, §202.70(g), Rule 14, regarding consultation among counsel prior to contacting the Court. If counsel are unable to resolve a dispute, the party seeking Court intervention shall send a letter to the Court, of no more than two (2) pages, upon notice to all parties, describing the problem and the relief requested. Such letter may be answered within eight (8) days by letter of no more than two (2) pages, also on notice to all parties. The party requesting relief shall then contact Chambers to arrange a conference (preferably by telephone) to resolve such dispute. If no effort is made by counsel to schedule such conference, the Court will infer that the matter has been resolved and will take no action. The Court may order that a motion be made but no discovery motion will be entertained without prior compliance wit this rule.

19. The Kings County Commercial Division will strictly enforce Uniform Rules, §202.70(g), Rules 6 and 17 relating to the form and length of papers submitted to the Court. Unless the Court has authorized a longer brief in advance, counsel are advised that briefs and affidavits in excess of 25 and 15 pages as specified in the rules may be rejected.

Orders to Show Cause
Temporary Restraining Orders

20. Orders to Show Cause are argued on the date indicated in the order unless otherwise adjourned with the consent of the court.

21. Where no affidavit of prejudice has been provided pursuant to Uniform Rules, §202.70(g)(3), Rule 20, notice of applications for Temporary Restraining Orders (TRO) contained in an Order to Show Cause must be given to opposing counsel, or parties if no attorney has previously appeared, at least six hours in advance of submission to the court and must contain a specific time and date of submission so as to afford an opportunity to appear. Proof of such notice (which may be by attorney’s affirmation) must accompany the proposed Order.

22. Contested applications for TROs will not be heard after 4:00 PM absent extraordinarily compelling circumstances. [See Uniform Rules, §202.70(g), Rule 20. Temporary Restraining Orders]


23. A firm trial date will be established at a final settlement conference to be held at the conclusion of discovery. The Court may direct the parties to appear at such conference.

24. At the final settlement conference, a pre-trial conference will be scheduled in compliance with Uniform Rules, §202.70(g), Rules 25 to 33, to be held following the filing of a Note of Issue and approximately ten (10) days in advance of the trial date. Trial counsel must appear. Pre-marked exhibits, pre-trial memoranda, requests to charge, witness lists, and in-limine applications, which are to be made by letter of no more than two (2) pages, duly served upon all parties and the Court at least eight (8) days in advance of the date of the pre-trial conference, shall be provided at the pre-trial conference as required pursuant to Uniform Rules, §202.70(g), Rules 25 to 33. Responses to in limine applications, also in letter form of no more than two (2) pages, shall be served at least five (5) days prior to the pre-trial conference. Short and concise pre-trial memoranda are preferred, containing a statement of the facts and issues of the case and the relevant principles of law with citations to controlling authority. Counsel must confer prior to appearance at the pre-trial conference so that exhibits that are not disputed can be identified and stipulated into evidence. Failure to identify an exhibit on the pre-trial list of exhibits may result in preclusion of such exhibit at trial.

Alternative Dispute Resolution

25. In the interest of expediting prompt resolution of disputes at a minimum expense to the litigants, a mediation program is available through the Kings County Commercial Division. Pursuant to Uniform Rules §202.70(g)(3), the Court may direct counsel and the parties to participate in non-binding mediation. In Kings County, experienced former jurists, acting as JHOs, are available at no expense to the parties. Alternatively, Kings County has available a roster of trained practitioners willing to accept a referral from the Court for mediation, to whom litigants may be referred. Discovery continues pending mediation unless otherwise ordered by the Court. Counsel are referred to the rules for Alternative Dispute Resolution for Kings County for more detailed information.

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Uniform Contested Matrimonial Rules

Effective September 1, 2017 [rev. September 13, 2017]

These rules apply to all matrimonial actions in Kings County, New York.

NOTICE: No photography or video or audio recording is permitted within the courtroom without express Court permission. Violation of this provision could result in arrest or being held in contempt of Court.

Interpreter Services

Requests for interpreter services for languages, other than Russian and Spanish, or other access accommodation (i.e. hearing assistance equipment) should be made no less than two (2) business days before each scheduled court appearance.

Appearances and Adjournments

1. All parties must be present at each appearance unless excused by the Court. Pro Bono counsel shall notify the part clerk at each appearance that they appear pro bono and where practicable be given a preference at the calendar call.

2. A Notice of Appearance shall be filed in the Office of the County Clerk and the Matrimonial Clerks Office on the 10th floor before the first appearance by counsel..

3. Requests for adjournments should be made in advance by conference call, including the attorney for the child(ren) if appointed, to the Court after 3:30 p.m. on days when the Court is open. Counsel, or self-represented litigants shall prepare a stipulation including the caption and index number of the case, the appearance date, the adjourn date, and the reason for the adjournment. The stipulation shall be faxed or hand delivered to chambers at least one (1) day prior to the scheduled appearance date.All adjournments are subject to final approval by the Judge.

4. All adjournments on the grounds of engagement of counsel shall be granted only in accordance with Part 125 of the Rules of the Chief Administrator of the Courts. Affirmation must be faxed to the Court at least one (1) day prior to the court appearance. It is the obligation of the parties/counsel to notify the Court if there are existing temporary order(s) of protection that would expire on the scheduled court appearance. If the temporary order(s) of protection are continuing to the adjourn date the parties must appear on the originally scheduled date for service of extended temporary order(s) of protection to the adjourn date.

5. Each attorney must provide two (2) business cards to the Court at their first appearance. Self-represented litigants must fill out two (2) contact information forms at the first appearance.

6. Litigants are not permitted to communicate with chambers staff or the Court at any time when they are represented by counsel.

7. No video, audio or photographic recording is permitted in any courtroom absent prior Court permission.

Orders of Protection

1.Ex ParteOrders of Protection are heard within twenty-four (24) hours of filing and when possible, they are heard the same day they are filed (N.Y. Domestic Relations Law 240). The party filing any application that includes a request for an ex parte order of protection shall notify the Matrimonial Clerk’s Office when filing at the counter that it is a request for a temporary order of protection. Applications for orders of protection shall be made by order to show cause not by notice of motion.

2. Moving counsel are required to have their clients present, unless excused by the Court.

Automatic Order

Pursuant to Domestic Relations Law section 236 B (2), when serving a summons, a copy of the Automatic Orders; Notice of Domestic Relations Law section 255; and Notice of the Maintenance Guidelines must also be served.

Request for Judicial Intervention (RJI)

1. A request for a preliminary conference shall accompany the RJI and both are to be served on all parties.

2. Both a copy of the RJI and the request for a Preliminary Conference shall be filed with the Kings County Clerk’s office and a copy is to be brought to the Matrimonial Clerk’s office. If not previously filed, a copy of the notice of appearance should be filed at this time.

Ex Parte Applications

Any application for temporary injunctive relief shall contain an affirmation demonstrating there will be significant prejudice to the party seeking the restraining order by giving notice. In the absence of a showing of significant prejudice, an affirmation must demonstrate that a good faith effort has been made to notify the party against whom the restraining order is sought in accordance with 22 NYCRR 202.7. This rule does not apply to temporary orders of protection.

Motions and Orders to Show Cause

1. Motions shall be made returnable only on the part’s motion date(s), or they can be calendaredto the part’s next available motion date by the Matrimonial Clerk’s Office. If the case already has a date scheduled in the future, the motion may be made returnable on that previously assigned date even if it is not a regularly scheduled motion date.

2. Oral argument is required on all motions unless dispensed with by the Judge.

3. All responsive papers, including cross-motions, shall be filed in the Matrimonial Clerk’s Office at least three (3) days prior to the return date of the motion except filing is acceptable within two (2) days if made by overnight mail. All cross-motions must conform to CPLR 2215. In calculating service dates the date of filing is not included pursuant to General Construction Law 20.

4. All exhibits are to be tabbed. Single-sided pages only.

5. Any application related to child support shall include a Child Support Standards Act worksheet. All applications and responses thereto for pendente lite maintenance shall include a worksheet and calculation pursuant to the applicable maintenance guideline in effect as of the date of commencement of the action as well as an affidavit of net worth. Any request for deviation must articulate which of the deviation factors the moving party is relying upon and the reason for the deviation request. All applications for financial relief, or in opposition to requested financial relief, including counsel fee applications must contain an current affidavit of net worth and supporting documents attached in the official form. Filing of an affidavit of net worth in the Office of the County Clerk or at a preliminary conference does not satisfy this requirement. The form affidavit of net worth can be printed from:

6. Counsel and the parties are required to appear personally on all motions and orders to show cause unless the Court orders otherwise.

7. The Court does not accept courtesy copies of motion papers unless otherwise directed.

8. Pursuant to the CPLR, after argument of an application, sur-replies, memorandum and letters addressed to the substance of the pending application will not be considered without prior permission of the Court.

9. Allegations of fact submitted to the Court, including allegations contained in an affidavit or the complaint must be certified by counsel in the form prescribed by the Chief Administrative Judge.

10. Copies of the Family Court petition and any existing orders must be submitted with the application to consolidate. All orders to show cause and motions for consolidation must be served on all attorneys who have appeared or been appointed in the Family Court if there is presently an action pending in Family Court.

11. Initial post-judgment applications shall be brought by Order to Show Cause. In the event that there is a post-judgment application pending, further applications may be made by Notice of Motion or cross-motion.

12. All motions for contempt must be made by Order to Show Cause in conformity with the Judiciary Law and contain the required warning in correct type face and type size.

13. All submissions must comply with the requirements, including page limits, detailed in 22 NYCRR202.16-b.

Preliminary Conference

1. Pursuant to 22 NYCRR 202.16(d), an RJI shall be filed within forty-five (45) days of the date of service of the summons.

2. Pursuant to 22 NYCRR 202.16(f)(1), net worth affidavits shall be filed with the Court ten(10) days prior to the conference date, accompanied by the attorneys’ retainer statements and the parties’ recent pay stubs or W-2. A blank preliminary conference form can be downloaded at

3. A STATUTORY RECORDS CHECK FORM MUST BE COMPLETED AND SUBMITTED TO THE PART CLERK IN EVERY CASE WHERE THERE ARE CHILDREN UNDER THE AGE OF EIGHTEEN (18) YEARS OLD, unless waived by the Court because a statutory records check was previously completed within the prior ninety (90) days. Please notify the Part Clerk of the need for a records check upon arrival.

Compliance Conference

Counsel are directed to bring to the Court’s attention, by way of motion or conference call, any failure to comply with discovery orders or Court directions prior to the compliance conference date.

Pre-trial Conferences

1. A Note of issue shall be filed prior to the pre-trial conference, in accordance with the compliance conference order. A copy of the Note of Issue, showing the County Clerk’s stamp, shall be filed with the Matrimonial Clerk’s Office prior to the pre-trial conference.

2. Each party shall provide the Court with statement of proposed disposition, updated net worth statement, maintenance guidelines calculation, child support worksheet (if applicable), and the last three (3) years tax returns; W-2s; 1099s and any K-1 together with all schedules. If the prior year tax return has not yet been filed, copies of all W-2; K-1; 1099 and a copy of the filed extension must be provided.

3. All motions in limine shall be made by the time of the pre-trial conference.


1. Chambers shall be notified by all sides immediately if the action is resolved prior to the scheduled trial date.

2. The following, if applicable, shall be provided to the court at least one week prior to the date of trial, if not previously provided at a pre-trial conference:

  • Marked pleadings
  • Updated affidavits of net-worth; copies of three (3) years prior tax returns (if the tax filing deadline has not expired and returns have not been filed for the prior year that party must provide current W-2/1099s/K-1/etc.; statement of proposed dispositions and maintenance and child support worksheets; blank form affidavits of net worth can be downloaded at
  • A witness list and any pre-trial memorandum
  • Expert reports which were served no later than thirty (30) days before trial
  • A list of all proposed exhibits
  • A list of documents, pre-marked by counsel, which counsel may stipulate into evidence
  • A written copy of any issues or facts to which parties can stipulate before trial, to be read into the record or marked into evidence at the commencement of trial

3. When presenting a witness with a document to be marked into evidence, a courtesy copy of that document must also be provided to the Court and your adversaries including the attorney for the child(ren), if appointed.

4. There will be no adjournments of the trial date without express court permission.

5. Failure to proceed may result in a judgment of default or dismissal of the action.

6. Copies of trial memorandum/decisions will be mailed or faxed to counsel and self-represented litigants.

7. Applications for counsel fees must include retainer agreement, copies of billing records and affirmation of services. If the parties do not stipulate to the issue of the final counsel fee award being decided on submission of papers, the Court must hear testimony at the conclusion of trial on the issue.

8. If a case has been resolved please notify the Court by conference call if there is a signed stipulation of settlement and do not wait until the trial date.


1. All judgments shall include a completed copy of the Matrimonial Term Clerk office’s contested judgment checklist, including all necessary attachments.

2. Pursuant to 22 NYCRR 202.48 proposed judgments with proof of service on all parties must be submitted for signature, unless otherwise directed by the Court within sixty (60) days.

3. All judgments and orders must include a notice of settlement in compliance with Rule 202.48. If papers are rejected the re-submitted proposed judgment/order must include a new notice of settlement.

Post Judgment Applications

1. If a contested judgment of divorce was signed within 18 months of an application to modify the issue of custody and/or visitation, the application will be heard in the Supreme Court at the discretion of the Court.

2. Post-judgment applications must be brought by order to show cause if there are no presently pending post-judgment applications.

3. Post-judgment applications must be personally served unless waived by the Court. Service on prior counsel is not good service.

4. Case law requires that a new retainer agreement must be entered into by the litigant and counsel for post-judgment representation even if the attorney was the attorney of record on the underlying action.

5. All post-judgment applications, except requests for an ex parte temporary order of protection, related to an order, judgment or agreement must have a copy of the underlying order, judgment and agreement annexed.

Referee Referrals

Referrals to referee parts are expected to be trial ready on the date selected for trial and prepared to be heard day-to-day thereafter. It is not contemplated that these referrals are for the purpose of extensive conferencing or that the dates selected will be adjourned. Referees will notify the referring justice of any adjournments.




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Part K

Condemnation Part Rules

These local rules supplement Uniform Rule § 202.61 with respect to obtaining of Index Numbers for Claims and exchange and Filing of Appraisal Reports in Eminent Domain Proceedings.

Rule 1. Index Numbers for fee Claims. Within sixty days from the expiration of the time set forth, pursuant to EDPL 503 (B), in an order of acquisition for the filing of written claims or notices of appearance, condemnor shall obtain an index number for each of the fee claims on file with the court pursuant to the said order so that the Clerk can separately maintain the claim and all further proceedings with respect thereto, and the condemnor shall notify the claimant or its attorney of record of the index number assigned to its claim. Thereafter, papers pertaining to each claim shall be separately prepared and filed under the index number assigned to the claim. A Request for Judicial Intervention is required to initiate proceedings before the court pertaining to the claim. This Rule shall take effect on March 1st, 2012 and shall apply to all Eminent Domain Proceedings in which the time for filing written claims or notices of appearance expires after February 29th, 2012.

Rule 2. Index Number for Fixture Claims. Within six months after appraisals of fixtures have been exchanged pursuant to Uniform Rule § 202.61 (a)(1), condemnor shall obtain an index number for each individual claim for which appraisal has been exchanged so that the Clerk can separately maintain the claim and all further proceedings with respect thereto; and the condemnor shall notify the claimant or its attorney of record of the index number assigned to its claim. Thereafter, papers pertaining to each claim shall be separately prepared and filed under the index number assigned to the claim. A Request for Judicial Intervention is required to initiate proceedings before the court pertaining to the claim. This Rule shall take effect on March 1st, 2012 and shall apply to all Eminent Domain Proceedings in which appraisals of fixtures are exchanged after February 29th, 2012.

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Part L

(Effective date, January 28, 2019)
(*Does not apply to Matrimonial, Commercial, Guardianship, Condemnation, Foreclosure and Tax Cert. cases.)


A. INTAKE PC CONFERENCES scheduled 45 days after RJI.

  1. PC Conference is not to be adjourned, even on consent, unless good cause is shown for the adjournment. Mere failure to serve B/P is insufficient reason to adjourn PC Conference. A PC Order will be entered on default of any non appearing party. If no party appears, the case should be dismissed for non appearance, either side.
    Irrespective of service of BP, copies of medical records and authorizations shall be served upon all parties, where practicable, at least twenty (20) days before the PC Conference (see 22 NYCRR 202.17 (b))
  2. At PC Conference, fix Note of Issue file date to a date four (4) weeks prior to expiration of Pre Note S&G.
  3. Schedule a Compliance Conference for a date no later than five (5) months after date of PC Conference. However, if PC Conference is held more than 45 days after RJI, then schedule the Compliance Conference to a date no later than six and a half (6 ½) months after the RJI.

(B) At COMPLIANCE CONFERENCE schedule all outstanding discovery to be completed prior to date fixed for filing Note of Issue.

  1. Where post Compliance Conference discovery is to be extensive, cases may be retracked from standard to complex, which will provide for three (3) additional months of post Compliance Conference discovery and extend the Note of Issue date by three (3) months.
  2. Discovery scheduled in Compliance Conference orders shall be strictly adhered to and may not be extended without leave of the court. Unjustified failure to comply with the provisions of the CCP order will result in preclusion, the striking of a pleading or imposition of sanctions, as appropriate.
  3. At CCP Conference, Final Compliance Conference to be scheduled three (3) months thereafter (or, if retracked at CCP, to a date six (6) weeks prior to new Note of Issue file date). Whether complex or standard tracked, the Final Compliance Conference will be six (6) weeks prior to expiration of Pre Note S&G.

(C) At FINAL COMPLIANCE CONFERENCE, all outstanding discovery to be scheduled for completion prior to Note of Issue date (which will allow for approximately six (6) weeks to complete discovery).

(D) Cases wherein notes have not been timely filed will appear on a Failure to File Disposition Calendar two (2) weeks after the last day provided for filing of the Note of Issue.

Ordinarily to be denied without prejudice to renew at time the motion for Summary Judgment is brought upon showing of Compliance with the criteria set forth by our Court of Appeals in Brill.


Track post note cases by earlier of overall Standards and Goals (27 or 30 months following RJI), or post Note Standard & Goals (15 months from Note of Issue).

Ordinarily the Court/JHO will not stay discovery during pendency of motions to withdraw, or during pendency of settlement, or during pendency of dispositive motions (CPLR §§ 3211, 3212, etc.).


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Part M

Kings Neutral Evaluation Part


Civil cases pending in Kings County Supreme Court may be referred to the Kings Neutral Evaluation Program (KNEP). KNEP is a non-binding, confidential process in which a neutral evaluator hears informal presentations by attorneys and evaluates the merits of the case. The neutral evaluation process is intended to aid the parties in reaching a settlement.

Cases are assigned to KNEP post Note of Issue. Excluded from the pilot program are: matrimonial; commercial; City and Transit cases; cases on the complex discovery track, and cases in which a party is self-represented.

A. Nature of the Process

In this program, Neutral Evaluators- retired Supreme Court Justices, Judicial Hearing Officers, and specially trained court staff - evaluate cases based upon informal presentations by the attorneys for the parties. Presentations are made to the Evaluator in sessions attended by counsel for all parties. The attorneys will then meet with the Evaluator individually in order to promote more candid and expansive commentary on their respective positions. Where deemed appropriate the Evaluator may offer opinions about the parties’ chances for success on the issues presented in the case. These opinions are intended to assist parties in their own analysis of the merits of their cases and to facilitate discussion between the parties. The Evaluator will endeavor to facilitate a settlement between the parties.

B. Confidentiality

Presentations or communications made by attorneys during the evaluation about the merits of their cases are confidential. The Evaluator will not communicate any aspect of the merits of any case that goes into the program with any Justice subsequently assigned nor any Justice presiding in an up front part, nor with any other persons not participants in the process. If a case fails to settle, the Evaluator will not disclose to any third-party or Justice which attorney refused to agree on a resolution. The Evaluator will not disclose any information that an attorney may convey in confidence without the advance permission of that attorney

Communications between the attorneys during any evaluation session or made to the Evaluator as part of the process may not be used by any party as an admission or otherwise in the case or in any other litigation.

C. Preparation by Counsel

The evaluation will address liability and damages. Attorneys appearing must be knowledgeable about the case and be fully authorized to settle it or be in ready communication with the client or client’s authorized representative Cf. Uniform Rules for the Trial Courts 202.26(e)

Attorneys shall bring pleadings, Bills of Particulars, photos, medical and expert reports, and MV 104 and police reports where applicable. Counsel are advised to communicate with each other prior to the KNEP date as counsel must be prepared to present a record demand and offer.

D. Adjournments:

Adjournments may be obtained if the scheduled date is inconvenient. A stipulation setting forth the reason for the adjournment, and setting forth a requested adjourned date must be transmitted by email no later than Noon on the Friday before the scheduled appearance. A fully executed stipulation may be emailed to Every effort will be made to accommodate the requested adjourned date. Please note that KNEP conferences are held only on Wednesday and Thursday afternoons.

Attorneys with cases pending in the Court should sign up for e-Track service to receive scheduling notifications by e-mailback to top

Sanctions and/or costs may be imposed for failure to comply with the rules set forth herein.

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