Discovery Part Rules

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Hon. Brian L. Gotlieb: Discovery Part Rules

DISCOVERY PARTS: Intake – Preliminary Conference (PC) // Central Compliance Part – Conferences and Motions (CCP) // Central Compliance Part (Motions) Oral Argument (CCP-OA) // Note of Issue – Final Conference Part (NI- FCP) // City/TA Discovery Part – Conferences and Motions (CDP)

IAS PART 71

If your case is assigned to Justice Gotlieb but calendared in one of the Discovery Parts (i.e. Intake, Compliance Conference Part, Final Conference Part), please check the Rules specific to that Part.
For routine matters, please consult the Part Rules below and contact the appropriate department within the courthouse prior to contacting chambers. Most calendaring questions can be resolved by contacting the appropriate Motion Support staff at 347-401-9249 or visiting E-courts).

COMMUNICATION

Do not call chambers to ask a substantive and/or procedural legal question or request information on a case. Do not call chambers to inquire as to whether an appearance is required.
Chambers staff cannot provide guidance or advice to attorneys or litigants. Any communication to chambers is not permitted unless all parties participate. This Court will not engage in ex-parte communication (See Rule 3.5 of the NY Rules of Professional Conduct). All communication to the Court must be on notice to your adversary. This Court will not accept unsolicited documents and correspondence. Do not include the Court on any email colloquy as between counsel and or the other parties.

Discovery Parts Court Room Number: 282 [for all Discovery Parts other than Central Compliance Part Oral Argument Part – CCP-OA]

Discovery Parts / Courtroom 282 Telephone Numbers and Email Addresses:

Intake – Preliminary Conference Part (PC): (347) 296-1592; [email protected]
Compliance Conference Part (CCP): (347) 296-1626; [email protected]
Note of Issue - Final Conference Part (NI-FCP): (347) 401-9054; [email protected]
City / TA Discovery Part (CDP): (347) 401-9264; [email protected]

** Proposed orders and stipulations on e-filed cases should only be uploaded to NYSCEF
** Proposed orders and stipulations on non-e-filed cases may be e-mailed to the appropriate part.
** Do not e-mail the part to inform the Court that you have uploaded an order or stipulation to NYSCEF

IAS Part 71 Part Clerk: Sandra Bell, [email protected]

Court Room Number [CCP-OA Part & IAS Part 71]: 362
Courtroom 362 Telephone Number: (929) 457-6118

** On days other than Thursdays, communications regarding the CCP-OA Part should be directed to the CCP Part Clerk as noted above.

Principal Law Clerk: Jessica L. Stertzer, Esq., [email protected]
Assistant Law Clerk: Kylie M. Cafiero, Esq., [email protected]
Chambers: 360 Adams Street, Room 370, Brooklyn, NY 11201; 347-296-1521
Chambers Email Address: [email protected]

Updated: April 13, 2026

GENERAL RULES APPLICABLE TO ALL PARTS UNLESS OTHERWISE LISTED

Courtroom 282 opens at 9:30 am – Cases will be called as soon as they are ready.
Failure of any party to appear for a conference or motion calendar call may result in an Order being entered against said party on default; the denial of a motion (if said party is the movant) and/or the imposition of any other appropriate sanction.

There shall be a single calendar call at 11:00 am on Tuesdays and Wednesdays and at 11:30 am on Thursdays in Courtroom 282 for each discovery part other than the CCA-OA Part.

In instances where the parties represent that an action has been settled or is in the process of settling, the parties may stipulate to a single or one-time adjournment of not more than sixty (60) days to allow for the submission of all requisite documentation (i.e. stipulations of settlement / discontinuance). On the return date, the action will either be marked “settled” or the parties will appear for an in-person conference where they will enter into the applicable discovery order.

In instances where a single party or less than all parties appear and represent that an action has been settled or is in the process of settling, the appearing parties will enter into a default order that directs a single or one-time adjournment of not more than sixty (60) days to allow for the submission of all requisite documentation (i.e. stipulations of settlement / discontinuance). On the return date, the action will either be marked “settled” or the parties will appear for an in-person conference where they will enter into the applicable discovery order.

As of Thursday, April 16, 2026, the calendar call for the CCP-OA Part will be held at 10:30 am on Thursdays in Courtroom 362.

This court shall send notices, alerts, and schedule some virtual appearances via E-file and regular clerk systems. Please ensure that your appearance alert system (e-law, e-courts, etc.) is working properly and is current and correct and that all your E-file contact information (including email) is current and correct. It is the responsibility of all litigants and, if applicable, their counsel to keep this information current.

The New York State Unified Court System has adopted Microsoft Teams as the standard for internal and external videoconferencing calls, including virtual court hearings.

Litigants shall, in the first instance, attempt to reach an agreement on all relevant (outstanding) discovery.
Disputed matters will be adjudicated by the Court.

Parties appearing for conferences and/or motions must be fully familiar with the case, the status of any disclosure proceedings, and any settlement negotiations.

Parties are to insert specific dates (dates certain) into proposed conference / motion orders for the exchange of all outstanding paper discovery / holding of depositions (EBTs) and independent medical examinations (IMEs) [i.e., "April 30, 2026", or “on or before April 30, 2026”, but not “within 45 days”]. Failure to follow this directive will result in the rejection of the proposed Order.

Cases that have previously been disposed may be restored upon the consent of all parties and the submission of a properly executed stipulation attesting to same. The parties will also be required to submit a separate proposed order upon which they will provide and stipulate to a discovery schedule that will specifically identify and address all outstanding discovery [i.e. "Plaintiff to respond to Defendant’s demand for discovery dated February 1, 2026, by March 15, 2026” rather than “parties to respond to all outstanding discovery within 30 days.”].

To the extent not already printed on Compliance Conference / NI-FCP Orders, parties are to insert the following:

Plaintiff to provide trial authorizations for subpoena purposes within 60 days of filing the note of issue.
In the event one or more parties fail to appear and an order is entered into on default of said party or parties, a copy of this order, with notice of entry, shall be served on the defaulting party or parties within seven (7) days of the order’s filing on NYSCEF (or with the county clerk if not e-filed). Proof of such service shall be filed, accordingly within ten (10) days thereafter.
** For all pro-se litigants and litigants whose counsel have been properly relieved by court order, service must be by regular mail. For all litigants fully participating in E-Filing, service by upload to NYSCEF is deemed to be sufficient.

**DISCOVERY CONFERENCES WILL NOT BE ADJOURNED ABSENT GOOD CAUSE SHOWN**

USE OF ARTIFICIAL INTELLIGENCE TECHNOLOGY

ADMINISTRATIVE ORDER OF THE CHIEF ADMINISTRATIVE JUDGE OF THE COURTS (AO/75/2026 -- DATED MARCH 25, 2026).

All parties are expected to comply with the above stated Administrative Order re: Part 161 (22 NYCRR §§ 161.1 TO 161.4 AND APPENEX A), effective Monday, June 1, 2026.

If this court determines that the above stated requirements have not been satisfied, such attorney or party may be subject to sanction or other remedial action.

INTAKE - PRELIMINARY CONFERENCE (PC) PART RULES

The filing/purchasing of an RJI will automatically prompt the scheduling of a preliminary conference. No appearance is required.

Preliminary Conference / Case Scheduling Orders are being generated and issued by the court. The signed and entered orders will be uploaded to E-File/County Clerk Minutes. No appearance is required.
The parties must be prepared with bills of particulars, medical reports, and insurance coverage.

Strict compliance with the Preliminary Conference / Case Scheduling Order shall be enforced by the imposition of costs and sanctions when appropriate.

Discovery in third party and joint actions will be expedited.

In instances where an action appears on the Court’s preliminary conference calendar and a defendant has failed to serve a notice of appearance in response to the summons or answer the complaint and plaintiff has failed to timely move for a default judgment within one year therefrom, said action will, pursuant to CPLR 3215 (c), be dismissed as to said defendant(s). An application (motion) to restore the matter to active status as to the above referenced defendant(s) may be granted upon a showing of “sufficient cause” as to why plaintiff failed to move for a default judgment within one year of defendant’s (s’) default.

CENTRAL COMPLIANCE PART (CCP) PART RULES

Parties with a scheduled Compliance Conference must either:

Submit an order with the consent of all parties by 3:00 pm two (2) days before the conference or appear in person at the conference.

Appearing parties may participate in the Compliance Conference. If a consent order is not submitted and no party appears at the conference, the action may be marked “Administratively Dismissed” or “Marked Off” on default.

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.

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 CCP clerk on or before the date of the conference or a party may notify the CCP clerk prior thereto.

Compliance conference forms are available online and may be completed when all parties are ready.

CENTRAL COMPLIANCE PART ORAL ARGUMENT (CCP-OA) PART RULES

As of Thursday, April 16, 2026, the calendar call for the CCP-OA Part will be held at 10:30 am on Thursdays in Courtroom 362.

The failure of any party to appear for the calendar call may result in an Order being entered against said party on default; the denial of a motion (if said party is the movant) and/or the imposition of any other appropriate sanction. Parties appearing in the CCP-OA Part must be fully familiar with the case, the issues related to the motion or motions that they are appearing on, the status of any disclosure proceedings, and any settlement negotiations.

NOTE OF ISSUE – FINAL CONFERENCE PART (NI-FCP) PART RULES

The purpose of the final conference is to monitor the progress of discovery and set and resolve any outstanding discovery issues. Consequently, parties attending the final conference must be fully familiar with the case, the status of any disclosure proceedings, and any settlement negotiations.

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

Final Note of Issue forms are available online and may be completed when all parties are ready.

Parties with a Note of Issue Final Conference must either:

Submit an order with the consent of all parties by 3:00 pm two (2) days before the conference or appear in person at the conference. Appearing parties may participate in the Final Conference. If a consent order is not submitted and neither party appears, the action shall be marked Administratively Dismissed on default. If plaintiff appears and there is no defendant, an order will be done on default. If defendant appears and plaintiff does not, the action may be marked “Administratively Dismissed” or “Marked Off” on default.

Final Conferences are scheduled six (6) weeks before the NOI due date. Discovery orders must identify and schedule all outstanding discovery to be completed prior to the NOI due date.

**The time to file a note of issue will not be extended at the Note of Issue Final Conference absent GOOD CAUSE SHOWN**

CITY / TA DISCOVERY PART (CDP) PART RULES

ONLY COURT APPROVED IN-PERSON APPEARANCES AT THIS TIME.

Use applicable court form(s) and detail / include all outstanding discovery with proposed on or before certain dates.

All parties that cannot submit a proposed order on consent, must appear for an in-person conference.

In instances where the deposition of a witness on behalf of the City / TA is to be held “subject to RDO and availability,” said deposition(s) is/are to be held within thirty (30) days of the date listed on the conference or motion order. Any proposed orders that do not include this language may be rejected.

Parties on pending City Discovery Motions, including those that have been previously adjourned shall, no later than two (2) days prior to the next scheduled calendar date, either (1) submit a proposed order - - on consent of all parties - - that resolves the pending motion, or (2) submit a Virtual Conference Request - - on consent of all parties - - to request a conference of the motion with a Court Attorney/Referee.

Upon the failure to either submit a proposed order or virtual conference request, the Court shall decide the pending motion, on submission, on the return date – subject to the parties being directed at the Court’s discretion, to appear for oral argument on said motion or motions.

MOTIONS

Motion papers, answering affidavits, and reply papers must be served in accordance with CPLR §2214 unless otherwise directed by the Court.

Affirmations in Reply will not be accepted on motions submitted via Orders to Show Cause [See, Forward v. Foschi, 31 Misc.3d 1210A (Sup. Ct., Westchester County, 2010)].

All exhibits to motions that are electronically filed and/or submitted must be separated by exhibit space pages in place of exhibit tabs. Reference to electronically filed papers is not permitted and all exhibits must be incorporated into and submitted with the motion papers that refer to them rather than be cited and/or referred to (i.e., "See, NYSCEF Doc. No. XX"). Where pleadings, prior applications, or prior decisions and orders are required to be annexed to the motion, reference to the electronically filed papers alone is insufficient unless it is part of the motion and electronically uploaded as an exhibit. All necessary documents shall be annexed (if hard copy, see CPLR § 2214 [c]) or electronically filed as a separate NYSCEF document with a separate label.

Any motion (opposition / reply) papers that are uploaded on or after Friday, May 1, 2026, that fails to comply with the above directives regarding the uploading and annexing of exhibits may be rejected and/or not considered by the court.

Any video exhibits submitted to the court must be on a USB drive accompanied by the notice of Hard Copy Exhibit Filing prior to the return date.

Notice of Hard Copy

Use of artificial intelligence technology: As noted above, all parties are expected to comply with the Administrative Order of the Chief Administrative Judge of the Courts (AO/75/2026) dated March 25, 2026) re: Part 161 (22 NYCRR §§ 161.1 TO 161.4 AND APPENEX A), effective Monday, June 1, 2026.

If this court determines that the above stated requirements have not been satisfied, such attorney or party may be subject to sanction or other remedial action.

All affidavits of service of motions not e-filed must be uploaded to NYSCEF (or, if applicable, annexed to any hard copy version of the motion papers) separately rather than be incorporated into any accompanying exhibits. The failure to follow this directive will result in the denial of the motion pursuant to CPLR § 2211.

On a motion pursuant to CPLR § 2221, movant must include copies of papers submitted on the prior order and motion.

Motions that seek only 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.

All motions are on submission, except those wherein a request has been submitted for oral argument via NYSCEF. Requests for oral argument must be submitted at least five (5) days prior to the scheduled return date of the motion(s). Argument on discovery motions will be held on Thursdays and at any other time as directed by the Court. Failure to appear at the oral argument calendar call may result in the entry of an Order against the non-appearing party or parties; the denial of the motion(s) (if the non-appearing party is the movant) and/or the imposition of any other appropriate sanction.

Hard copies are required to be filed for any non-e-filed motions, answering papers, stipulations, etc.

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.

Applications for an extension of time to move for summary judgment will be denied without prejudice to renew before the IAS Judge upon a showing of compliance with the criteria set forth in Brill v. City of NY [2 N.Y.3d 648 (2004)].

ORDERS

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

If all parties served with the motion are in accordance, 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. The 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 the Judge or JHO.

STRONGLY RECOMMENDED: E-file proposed CCP OSC/motion orders resolved on consent (or withdrawals) at least two (2) days prior to your scheduled return date to avoid your CCP motion/OSC being decided on default (as noted above).

All correctly submitted (E-filed) consent orders shall be reviewed, signed, and processed ASAP. Use applicable court forms and detail and include all outstanding discovery with proposed on or before certain dates.

ADJOURNMENT OF MOTIONS

Motions are heard on their return date and are only adjourned upon good cause. Applications for adjournment on consent of all parties shall be heard by the court attorneys. Applications for adjournment on consent may also be submitted through a properly executed stipulation that incorporates the following language:

The motion by plaintiff / defendant (identify the movant) is hereby adjourned to [INSERT DATE] and shall be marked “FINAL.” There shall be NO further adjournments unless the Court, for good cause shown, grants another adjournment.
Opposition to the motion and any cross-motions must be served and filed with the Court on or before [INSERT DATE]. Reply papers must be served and filed with the Court on or before [INSERT DATE].
Opposition to any cross-motions must be filed with the Court and served on or before [INSERT DATE]. Reply papers to any cross-motions must be filed with the Court and served on or before [INSERT DATE]. There shall be no “Sur-Reply” papers submitted to the Court.
Papers that are served and/or filed beyond the above stated deadlines will, absent good cause shown, be rejected as untimely.
All papers shall be filed through NYSCEF and served electronically. Where the action does not participate in NYSCEF, all motion papers are to be filed with the Motion Support Office at 360 Adams Street, Room 227 and emailed to the appropriate part clerk.
Any defects in the papers pursuant to UCR 202 and Rule 130, shall be cured by no later than seven (7) days before the return date.
All papers must follow the Discovery Parts’ Part Rules.
Papers that do not comply with the above stated requirements will be rejected and not be considered by the Court.

**THE SUBMISSION OF A STIPULATION OF ADJOURNMENT DOES NOT AUTOMATICALLY GUARANTEE THAT THE APPLICATION WILL BE GRANTED**

STIPULATIONS

Stipulations submitted to the Court may not be conditional in nature (i.e. “if defendant serves an answer within thirty days of this stipulation, plaintiff’s motion for a default judgment is withdrawn"). Stipulations may not be based on any contingency that may or may not occur in the future.

Any request to “So-Order” a stipulation must include a signature line for the Court that shall appear on the same page with all or at least part of the body of the stipulation rather than on a separate page.

An extension of time to file a note of issue may be permitted in the first instance by stipulation provided that the parties include a detailed list of all outstanding discovery and the completion dates of each outstanding item.

Please do not insert a new note of issue date - that space should be left blank for the Court to insert the date. Any subsequent applications to extend plaintiff’s time to file a note of issue must be done by motion.

IN-CAMERA INSPECTIONS

In-camera inspections will be scheduled by Chambers Staff. Prior to an in-camera inspection, parties must submit a detailed privilege log, pursuant to CPLR § 3122 (b). Pagination of in-camera documents is required for review. Any documents that are not paginated will be returned for resubmission.

SUBPOENAS

Judicial subpoenas must be approved by the Subpoenaed Records Office and made returnable to the Subpoenaed Records Room, New York State Supreme Court, Kings County, 360 Adams Street, 6th Floor, Brooklyn, NY 11201. Justice Gotlieb will not so order a subpoena which may be issued by an attorney without a judicial signature, including nonparty subpoenas. See CPLR §2302. Attorneys are reminded of their authority to issue subpoenas under CPLR § 2302(a); therefore, subpoenas for non-state entities will not be issued with a court order. All subpoenas on non-parties must sufficiently state the reasons underlying the subpoena.

Approved subpoenas relating to the COURTS’ DISCOVERY PARTS shall be dropped off in the basket outside of courtroom 282 for signature.

Approved subpoenas relating to IAS PART 71 shall be dropped off in the basket outside of courtroom 362 for signature.

Subpoenas are not accepted electronically.

The failure to follow the above guidelines may result in the rejection of the subpoena.