Kings County Supreme Court, Civil Term Hon. Aaron D. Maslow

Hon. Aaron D. Maslow: Part 2 Rules

Supreme Court
Civil Term - IAS Part 2
Courtroom Number 15.58
320 Jay Street
Brooklyn, NY 11201

Courtroom (Part Clerk) Telephone Number: (347) 296-1082
Chambers Telephone Number: (347) 401-9349

These Rules must be consulted before initiating any contact with IAS Part 2.  Do not call chambers with questions concerning adjournments, appearances, calendaring, or motion dates. Such inquiries are to be directed to our Part Clerk in compliance with the procedure detailed in the Rules.

Principal Law Clerk: Jennafer Mukofsky, [email protected]
Assistant Law Clerk: Kristin Hazelton, [email protected]
Part Clerk: Alberta Lyght, [email protected]

Updated: April 20, 2026

PART A. CONTACTING THE COURT

§ A1. Read the Rules.  Do not contact the Court without first reading these Rules.  Many questions for IAS Part 2 can be answered by reading these Rules or checking on eCourts. 

§ A2. Scheduling or logistical issues regarding appearances. All scheduling and logistical issues with respect to appearances which cannot be answered by consulting these Rules or eCourts shall be addressed to the Part Clerk via email and not via telephone – and not to chambers.  However, if the inquiry is being made less than 24 hours prior to the scheduled appearance, inquiries concerning scheduling or logistical issues not covered by these Rules or eCourts may be made by phone call to the Part Clerk – but not to chambers.  Adjournments are to be requested in accordance with Part E.

§ A3. Requisite information in all correspondence.  Correspondence to the Court SHALL include the following information within an email or letter: motion, hearing, or trial date if known, index number, motion sequence number if a motion is concerned, abbreviated caption, and brief description of the subject of the inquiry.

§ A4. Emails’ subject matter headings. Subject matter headings for emails SHALL conform to the following styles:

08-23-2024; 599999/2023 Mot Seq 5; Jones v 112 Main St; adj stip

07-05-2024; 566666/2022 Mot Seq 13; B.G. v Imperial Taxi; withdrawal

04-17-2026; 500102/2025 Mot Seq 1; resolved per stip

04-17-2026; 500102/2025; action discontinued

09-03-2024; 588888/2022; Hearing; Ajax Corp. v. MTA; interpreter

09-10-2024; 511111/2019; Trial; Mims v Smith; courtroom technology

09-26-2024; 1234/2015; Mot Seq 21; Brady v Acme Bank; conflict w other appearance-delay

10-04-2024; 500123/2020 Mot Seq 10; Rabbit House v 855 Broadway; arrange hardcopy delivery

Unscheduled; 501234/2024; J.B. v Bob’s Limo; infant comp

§ A5. Advice; improper questions.  Never seek legal advice from IAS Part 2.  Since the following inquiries call for information available on e-courts, or in the CPLR or 22 NYCRR Part 202, or call for the provision of advice, do not contact chambers with the following:

• “How should I proceed since I missed the calendar call and my motion was marked off?”
• “I was not aware that my motion was on last week; could it please be restored?”
• “Do you think the judge will approve the stipulation of adjournment?”
• “I missed the deadline for submitting an adjournment request.  What should I do?”
• “Do I have to appear in person for the motion?”
• “What time is the calendar call?”
• “Do I have to submit a hardcopy of my motion papers?”
• “Where do I submit a hardcopy of my motion papers?”
• “Where is your courtroom located?”
• “How do I submit an infant’s compromise to the Court?”

DO NOT CONTACT CHAMBERS TO DISCUSS RECONSIDERATION OF A DENIED ADJOURNMENT STIPULATION OR APPLICATION.

§ A6. Correspondence to the Court.  

(a) All correspondence to the Court, including filed papers, shall be served on all appearing parties, either through NYSCEF if the case is e-filed or otherwise according to statute or other rule if the case is not e-filed.

(b) When there is a pro se party (including one who was rendered pro se due to an attorney being relieved and there is no replacement attorney), or when there is a party who has not appeared but a default judgment has not yet been entered against them in the case, you must serve correspondence through the following additional methods, i.e., in addition to the method prescribed by law and in addition to the correspondence being uploaded on NYSCEF:

    (i) by first-class mail (with postmarked certificate of mailing) to all known residence and business addresses,

    (ii) by certified mail, return receipt requested to all known residence and business addresses, and

    (iii) to known email addresses.

(c) Proof of service shall be filed on NYSCEF or, in a paper case, with the County Clerk, in affidavit or affirmation form and shall be accompanied by copies of the postmarked certificate of mailing, the certified mail receipt, and the emails.

§ A7. Ex parte communications. Under no circumstances shall mailed or emailed correspondence be sent to the Court without exact copies also being sent to other parties.

§ A8. Pro se parties.  A pro se party, also known as a self-represented party, is one who is not represented by an attorney.  A party whose attorney has been granted permission in an order of the Court to withdraw as counsel is deemed a pro se party unless there is an appearance by a new attorney.  Pro se parties are required to comply with these Rules.  Additional provisions specific to pro se litigants are set forth in Part H.

§ A9. Messages.  Do not leave messages, as they cannot be returned.

PART B. MOTIONS & SPECIAL PROCEEDINGS - INTRODUCTION

§ B1. Provisions applicable to special proceedings.  Unless otherwise provided specifically with respect to special proceedings, references to motions in the within Part Rules shall be deemed to include special proceedings.  This includes but is not limited to Article 75 proceedings, Article 78 proceedings, applications for pre-action discovery, RPAPL § 881 proceedings, and turnover and other proceedings to enforce a judgment.

§ B2. Part Rules control.  To the extent that the within Part Rules concerning motions and special proceedings are inconsistent with 22 NYCRR 202.8 through 202.8-g or the Kings County Supreme Court Uniform Civil Term Rules, said Part Rules shall control.

PART C. MOTIONS & SPECIAL PROCEEDINGS - PAPERS

§ C1. Caption and Motion Sequence Number.  All motion papers must include the current full caption, i.e., no “et al.” or “et ano.”  The caption must be accurate, especially if it was amended subsequent to the filing of the original papers.  Special proceedings must contain the appellation “In the Matter of the Application of.”  A notice of motion shall include the Motion Sequence Number in the case together with other pertinent information to the right of the caption.

§ C2. Hardcopy motions (“paper cases”).  A party who files or serves a motion or petition in hardcopy format, i.e., the motion or petition and supporting papers are filed on paper and not electronically, must bring to court on the return day a duplicate copy of the papers and proof of service of the papers.  A party who is served with a motion or petition in hardcopy format must email to the law clerks scanned copies of (1) the motion or petition papers, (2) the responsive papers, and (3) proof of service of the responsive papers.  This rule applies especially when the motion or petition is made by a pro se party.

§ C3. Hardcopies of electronically filed motions.  Where a party’s papers filed on NYSCEF in support of or in opposition to a motion cumulatively exceed 200 pages (including, but not limited to, notice of motion, affirmation, affidavits, exhibits, transcripts, prior orders, photographs, memorandum of law, and reply papers), the party shall submit to the Court a printed copy of its papers (hardcopies), along with a contents list.  If pages exceed two inches the papers must be submitted in segments, each of which is no thicker than two inches.  This rule applies to all parties, be they movants or non-movants.  The purpose for this rule is to facilitate review in advance by the Court of motion papers containing too many pages to be read on an electronic screen (see Ramzy v Safdi Plaza Realty Inc., 80 Misc 3d 1236[A], 2023 NY Slip Op 51175[U] [Sup Ct, Kings County 2023]).  The deadline for the receipt of a movant’s papers is seven days prior to the date on which the motion is calendared.  Hardcopies of opposition and reply papers must be received by the day the papers are filed on NYSCEF.  Hardcopy submissions guaranteed to be received by the seventh day prior to the calendar date may be mailed to the Court – to Hon. Aaron D. Maslow, Justice of the Supreme Court, 320 Jay Street, Courtroom 15.58, Brooklyn, NY 11201.  Otherwise, hardcopy submissions shall be made only in person to the courtroom; it must be confirmed that the Part Clerk is available to accept them.  Proof of compliance with this rule shall be filed on NYSCEF.

§ C4. Proposed orders.  All movants shall submit with their motion papers a proposed order for the Court’s consideration; it shall be filed on NYSCEF as “Proposed Order.”  Proposed orders seeking pure consolidation of actions, i.e., multiple actions being merged completely into one action, must include the new caption.  Parties opposing a motion shall submit a counter-proposed order, described as “Counter-Proposed Order.”

§ C5. Proposed judgments in special proceedings.  All petitioners in special proceedings shall submit with their papers a proposed order-judgment for the Court’s consideration; it shall be filed on NYSCEF as “Proposed Order-Judgment.” Parties opposing a petition in a special proceeding shall submit a counter proposed order-judgment, described as “Counter-Proposed Order-Judgment.”

§ C6. Relief requested to be specified.  Moving papers shall specify in detail the relief requested and comply with CPLR 2214 (a).  Movants are encouraged to prepare the notice of motion in conformity with 22 NYCRR 202.7.

§ C7. Untimely responsive papers to notice of motion or notice of petition.  Untimely opposition and reply papers shall be accompanied by an explanation as to why they are late, and they will be reviewed only at the Court’s discretion.

§ C8. Responsive papers to order to show cause.  Unless otherwise directed by the Court, papers in response to a motion or petition brought on by order to show cause shall be submitted at least seven days before the motion calendar date designated therein.  Leave of court is required to submit reply papers in support of a motion or petition brought on by order to show cause. 

§ C9. Legal argument.  Legal argument shall (a) refer to averred facts in the party’s papers or in opposing papers with references to particular affirmations, affidavits, and documents by page and paragraph numbers, (b) discuss the law, (c) apply the averred facts to the law, and (d) set forth the party’s requested outcome of the motion.  With respect to summary judgment motions, the parties should not include general, well-known propositions of law such as “To succeed on a motion for summary judgment, the movant is required to establish its entitlement to judgment as a matter of law by demonstrating that there are no questions of fact, shifting the burden to the nonmovant to raise a question of fact.”

§ C10. Case law cited.  The applicability of cited case law must be clearly explained. Case law in conflict with a party’s position should be distinguished.  If there is no case law directly on point, the writer shall so state and indicate that the issue posed is one of first impression.

§ C11. Case law citation conventions.  Citation shall conform to the New York State Law Reporting Bureau’s Style Manual (“Tanbook”), available at https://nycourts.gov/reporter/style-manual/2022/2022-SM.htm.  A New York decision published in the state’s official reports shall contain the proper citation, i.e., NY3d, NY2d, NY, AD3d, AD2d, AD, Misc 3d, Misc 2d, or Misc.  Do not cite a decision abstracted in Misc 3d (e.g., 77 Misc 3d 1236[A]) without including the NY Slip Op citation.  Where citations to official New York reports exist, do not cite solely to National Reporter System reports (e.g., 57 NYS 3d 2) or online legal databases, as they will be rejected.

§ C12. Statement of material facts.  A separate statement of material facts, as was formerly discussed in 22 NYCRR 202.8-g, should not be submitted.

§ C13. Identification of the parties; diagrams.  An identification of the parties shall be set forth at the outset of the main affirmation/affidavit relied on by a party.  This is especially true with respect to cases where there are multiple defendants.  The identification may take place in narrative text form but it is preferred that it be set forth in a list or table.  For example, the parties may be identified with the following terms:

• “property owner,” “tenant,” “general manager,” or “property manager”
• “general contractor retained by ABC Corp.”
• “sub-contractor to FGH Corp.”
• “sub-sub contractor to “LMN Corp.”
• “employee-custodian” or “employee-supervisor”
• “cleaning service company retained/employed by QRS Corp.”
• “guarantor,” “merchant,” or “purchaser of accounts receivables”
• “lender,” “borrower,” “mortgagor,” or “mortgagee bank”
• “plaintiff vehicle driver,” or “plaintiff passenger in vehicle driven by John Doe”
• “plaintiff pedestrian” or “plaintiff bicyclist”
• “defendant vehicle driver”
• “defendant owner of vehicle driven by Ellen Smith”
• “defendant driver of vehicle which assertedly struck vehicle driven by Fred Johnson, causing the Johnson-driven vehicle to strike vehicle driven by Sam Paris”

Following this initial identification of the parties, standard terminology using the parties’ names is appropriate.  Affidavits may also include a diagram and photographs of a motor vehicle accident, from the sworn perspective of the affiant who shall provide authentication.

§ C14. Case history.  Each motion shall contain a relevant case history.  The history shall clearly indicate those original parties who either have been dismissed or against whom the action was discontinued and under what circumstances.

§ C15. Artificial intelligence (AI) programs.  All submissions with respect to a motion must include a certification either that no generative artificial intelligence program was used in the drafting of any affidavit, affirmation, or memorandum of law contained within the submission, or that a generative artificial intelligence program was used but all generated text, including citations, quotations, and legal analysis, was reviewed for accuracy and approved by an attorney (or the pro se party).  If the certification states a generative artificial intelligence program was used, the program must be identified and the documents which include matter generated by the program must be specified along with which parts of the documents were drafted by the program.  One certification pertaining to a party’s submission comprised of several such documents shall suffice.  An attorney who discovers that hallucinations are contained in an opposing party’s submission shall immediately inform the Court of such.

§ C16. Signatures.  Electronically filed papers containing factual averments of persons other than attorneys which are submitted on motions shall bear signatures affixed by hand or shall be filed along with NYSCEF Form EF-9 modified for use by a non-attorney.

§ C17. Exhibits.  When filing exhibits to e-filed motion papers, the filer shall use NYSCEF’s Exhibit Number/Letter function to specify the exhibit’s letter or number, and shall use the Additional Document Information function to include a short description of the exhibit.

§ C18. Videos.  Videos which are exhibits to motion papers shall be submitted to chambers (after first alerting chambers) on a flash drive or through Dropbox (as court system computers cannot view videos on YouTube).  They shall be properly identified and authenticated under oath or by affirmation as required by law.  The same shall be made available to all other parties. Do not include in motion papers a photocopy of a CD or flash drive; rather, NYSCEF Form EF-21 must be filed and a statement must be added to the form indicating how the video is being submitted to chambers and other parties.

§ C19. Previously electronically-filed documents.  Where reference is made to a document previously electronically-filed outside the context of the motion, it must be submitted as an exhibit within the motion papers (see Singh v Shaked, 88 Misc 3d 1204[A], 2026 NY Slip Op 50024[U] [Sup Ct, Kings County 2026]; Brick&Mortar LLC v Momo Sushi Inc., 79 Misc 3d 1239[A], 2023 NY Slip Op 50838[U] [Sup Ct, Kings County 2023]).  Otherwise, it will not be deemed included in the motion record.  The purpose of this rule is to facilitate review of all motion papers in NYSCEF’s “Show Motion Folders Only” function.

§ C20. References to contemporaneously filed documents.  Where a reference is made to another document filed in connection with the motion, it shall refer to a particular page and/or paragraph number.  Do not place the burden on the Court to locate matter within affirmations, affidavits, transcripts, and documents without pointing the Court to the specific document number and location.  

§ C21. Serious injury threshold.  Motions for summary judgment with respect to the serious injury threshold set forth in Insurance Law § 5104(a) and 5102(d) shall clearly identify in the moving papers each category of serious injury asserted in the bill of particulars and separately indicate with respect to each category why the movant believes it has established a prima facie case of entitlement to judgment as a matter of law.  Papers in opposition to such a motion shall separately indicate with respect to each threshold category why assertedly the movant did not make out its prima facie case and/or why the opposing party has rebutted it. 

§ C22. Article 75 proceedings.  Petitioners in Article 75 proceedings to vacate arbitration awards must explain in their papers the specific reasons why the respective arbitration award was assertedly erroneous; respondents must explain in their papers why the award assertedly should be confirmed.  Reference to the particular portions on pages of the arbitrator’s award, including quotations from it, shall be set forth.  Broad, general statements concerning the arbitration award are not acceptable.

§ C23. Consolidation or joint trial.  There is a difference between pure consolidation and joint trial.  Pure consolidation entails merging multiple actions into one surviving action.  Joinder for trial entails multiple actions being litigated together for purposes of trial and discovery, but they remain separate actions.  Motion papers should clearly delineate whether the motion is for pure consolidation (in which case a new proposed caption for the surviving action shall be included) or for a joint trial and discovery.  The motion papers must clearly identify the multiple actions by caption, court, county, and index number, and not just by “Action #1,” “Action #2”, etc.  DO NOT STATE THAT A MOTION IS FOR “CONSOLIDATION FOR JOINT TRIAL,” inasmuch as the Trial Support Office deems this terminology to be incorrect.

§ C24. 60-day post-note of issue deadline.  Regardless of the underlying type of case, all motions and cross-motions for summary judgment submitted past the 60-day post-note of issue deadline (Kings County Supreme Court Uniform Civil Term Rules [6]) shall include an explanation in an attorney affirmation why the party asserts good cause for the untimely submission (see Miceli v State Farm Mut. Auto. Ins. Co., 3 N.Y.3d 725 [2004]; Brill v City of New York, 2 NY3d 648 [2004]; Bennett v State Farm Fire and Cas. Co., 198 A.D.3d 861 [2d Dept 2021]).

§ C25. Reargument, renewal, or vacatur.  All motions for reargument, renewal, or vacatur of an order or judgment shall include the following regarding the motion or special proceeding concerning which reargument, renewal, or vacatur is sought:

(a) transcript of any previously held oral argument and any decision rendered from the bench,

(b) any written decision,

(c) the order and/or judgment, and

(d) complete set of the papers originally submitted by all parties.  (See Singh v Shaked, 88 Misc 3d 1204[A], 2026 NY Slip Op 50024[U] [Sup Ct, Kings County 2026]; Brick&Mortar LLC v Momo Sushi Inc., 79 Misc 3d 1239[A], 2023 NY Slip Op 50838[U] [Sup Ct, Kings County 2023].)

§ C26. Service of papers.  All motion papers, regardless of the party submitting them, shall be served on all appearing parties, either through NYSCEF (if a party is listed with contact information) or otherwise according to statute or other rule.

§ C27. Additional modes of service of papers on pro se parties and non-appearing parties.

(a) The Court deems it important for pro se parties and non-appearing parties to understand the significance of being a party to an action or special proceeding and for them to respond to papers served on them.  In order to increase the likelihood of their receipt of papers and to impress upon them the seriousness of the matter, the Court mandates additional modalities of service beyond the bare minimum required by statute.  (See Meleshkov v Sulyma, 84 Misc 3d 1246[A], 2024 Slip Op 51693[U] [Sup Ct, Kings County 2024].)

(b) Accordingly, when there is a pro se party (including one who was rendered pro se due to an attorney being relieved and there is no replacement attorney), or when there is a party who has not appeared but a default judgment has not yet been entered against them in the case, you must serve motion papers and special proceeding papers – whether in support of the motion or petition or in opposition to the motion or petition – through the following additional methods, i.e., in addition to the method prescribed by law and in addition to the papers being uploaded on NYSCEF:

    (i) by first-class mail (with postmarked certificate of mailing) to all known residence and business addresses,

    (ii) by certified mail, return receipt requested to all known residence and business addresses, and

    (iii) to known email addresses.

(c) Proof of service of such motion papers or special proceeding papers shall be filed on NYSCEF or, in a paper case, with the County Clerk, in affidavit or affirmation form and shall be accompanied by copies of the postmarked certificate of mailing, the certified mail receipt, and the emails.  Such proof of service shall also be brought to the courtroom on the return date.

(d) Also see § D2 (notifying pro se parties and non-appearing parties of re-calendared or adjourned date).

§ C28. Relieved as counsel for natural person.  Where an order to show cause bringing on a motion to be relieved as counsel for a natural person has been signed by a Justice presiding in Part 72, it shall be served as follows in addition to the method of service provided for in the order to show cause:

(a) Delivery in hand to such natural person or to a person of suitable age and discretion at the dwelling place or usual place of abode of such Plaintiff, if such can be accomplished during three attempts using due diligence; and

(b) Delivery by overnight Express Mail (without requiring the recipient to sign) to such natural person’s personal and business addresses known to the movant attorneys, accompanied by (1) a cover sheet which contains in at least size 26-point type in bold, “ENCLOSED ARE LEGAL PAPERS WHICH INVOLVE A MOTION BY YOUR ATTORNEY(S) TO BE RELIEVED OF REPRESENTING YOU IN A LAWSUIT.  PLEASE READ CAREFULLY.  THE COURT URGES YOU TO ATTEND IN PERSON OR THROUGH ANOTHER ATTORNEY SO THAT YOU CAN RELATE YOUR POSITION TO THE COURT,” and (2) a copy of the summons and complaint in this action; and

(c) Delivery by certified mail return receipt requested to such natural person’s personal and business addresses known to the movant attorneys, accompanied by (1) a cover sheet which contains in at least size 26-point type in bold, “ENCLOSED ARE LEGAL PAPERS WHICH INVOLVE A MOTION BY YOUR ATTORNEY(S) TO BE RELIEVED OF REPRESENTING YOU IN A LAWSUIT.  PLEASE READ CAREFULLY.  THE COURT URGES YOU TO ATTEND IN PERSON OR THROUGH ANOTHER ATTORNEY SO THAT YOU CAN RELATE YOUR POSITION TO THE COURT,” and (2) a copy of the summons and complaint in this action; and

(d) Delivery by email to all known email addresses for such natural person, the email caption reading, “[Name of attorney or law firm]’s motion in court to be relieved as your attorney,” and the email itself referencing the attached papers, and the email contents stating in bold, (1) “ATTACHED ARE LEGAL PAPERS WHICH INVOLVE A MOTION BY YOUR ATTORNEY(S) TO BE RELIEVED OF REPRESENTING YOU IN A LAWSUIT.  PLEASE READ CAREFULLY.  THE COURT URGES YOU TO ATTEND IN PERSON OR THROUGH ANOTHER ATTORNEY SO THAT YOU CAN RELATE YOUR POSITION TO THE COURT,” and (2) “Papers are also being mailed to you via the United States Postal Service at [set forth addresses].”

§ C29. Relieved as counsel for limited liability company.  Where an order to show cause bringing on a motion to be relieved as counsel for a limited liability company has been signed by a Justice presiding in Part 72, it shall be served as follows in addition to the method of service provided for in the order to show cause:

(a) Pursuant to CPLR 311-a, if such can be accomplished during three attempts using due diligence; and

(b) Delivery by overnight Express Mail (without requiring the recipient to sign) to such limited liability company’s business addresses known to the movant, accompanied by (1) a cover sheet which contains in at least size 26-point type in bold, “ENCLOSED ARE LEGAL PAPERS WHICH INVOLVE A MOTION BY YOUR ATTORNEY(S) TO BE RELIEVED OF REPRESENTING YOU IN A LAWSUIT.  PLEASE READ CAREFULLY.  THE COURT URGES YOU TO ATTEND IN PERSON OR THROUGH ANOTHER ATTORNEY SO THAT YOU CAN RELATE YOUR POSITION TO THE COURT,” and (2) a copy of the summons and complaint in this action; and

(c) Delivery by certified mail return receipt requested to such limited liability company’s business addresses known to the movant, accompanied by (1) a cover sheet which contains in at least size 26-point type in bold, “ENCLOSED ARE LEGAL PAPERS WHICH INVOLVE A MOTION BY YOUR ATTORNEY(S) TO BE RELIEVED OF REPRESENTING YOU IN A LAWSUIT.  PLEASE READ CAREFULLY.  THE COURT URGES YOU TO ATTEND IN PERSON OR THROUGH ANOTHER ATTORNEY SO THAT YOU CAN RELATE YOUR POSITION TO THE COURT,” and (2) a copy of the summons and complaint in this action; and

(d) Delivery by email to all known email addresses for such limited liability company, the email caption reading, “[Name of attorney or law firm]’s motion in court to be relieved as your attorney,” and the email itself referencing the attached papers, and the email contents stating in bold, (1) “ATTACHED ARE LEGAL PAPERS WHICH INVOLVE A MOTION BY YOUR ATTORNEY(S) TO BE RELIEVED OF REPRESENTING YOU IN A LAWSUIT.  PLEASE READ CAREFULLY.  THE COURT URGES YOU TO ATTEND IN PERSON OR THROUGH ANOTHER ATTORNEY SO THAT YOU CAN RELATE YOUR POSITION TO THE COURT,” and (2) “Papers are also being mailed to you via the United States Postal Service at [set forth addresses].”

§ C30. Relieved as counsel for corporation.  Where an order to show cause bringing on a motion to be relieved as counsel for a corporation has been signed by a Justice presiding in Part 72, it shall be served as follows in addition to the method of service provided for in the order to show cause:

(a) Delivery in hand to an officer, director, managing or general agent, or cashier or assistant cashier or to any other agent authorized by appointment or by law to receive service, if such can be accomplished during three attempts using due diligence; and

(b) Delivery by overnight Express Mail (without requiring the recipient to sign) to such Plaintiff’s business addresses known to the movant, accompanied by (1) a cover sheet which contains in at least size 26-point type in bold, “ENCLOSED ARE LEGAL PAPERS WHICH INVOLVE A MOTION BY YOUR ATTORNEY(S) TO BE RELIEVED OF REPRESENTING YOU IN A LAWSUIT.  PLEASE READ CAREFULLY.  THE COURT URGES YOU TO ATTEND IN PERSON OR THROUGH ANOTHER ATTORNEY SO THAT YOU CAN RELATE YOUR POSITION TO THE COURT,” and (2) a copy of the summons and complaint in this action; and

(c) Delivery by certified mail return receipt requested to such Plaintiff’s business addresses known to the movant, accompanied by (1) a cover sheet which contains in at least size 26-point type in bold, “ENCLOSED ARE LEGAL PAPERS WHICH INVOLVE A MOTION BY YOUR ATTORNEY(S) TO BE RELIEVED OF REPRESENTING YOU IN A LAWSUIT.  PLEASE READ CAREFULLY.  THE COURT URGES YOU TO ATTEND IN PERSON OR THROUGH ANOTHER ATTORNEY SO THAT YOU CAN RELATE YOUR POSITION TO THE COURT,” and (2) a copy of the summons and complaint in this action; and

(d) Delivery by email to all known email addresses for such Plaintiff, the email caption reading, “[Name of attorney or law firm]’s motion in court to be relieved as your attorney,” and the email itself referencing the attached papers, and the email contents stating in bold, (1) “ATTACHED ARE LEGAL PAPERS WHICH INVOLVE A MOTION BY YOUR ATTORNEY(S) TO BE RELIEVED OF REPRESENTING YOU IN A LAWSUIT.  PLEASE READ CAREFULLY.  THE COURT URGES YOU TO ATTEND IN PERSON OR THROUGH ANOTHER ATTORNEY SO THAT YOU CAN RELATE YOUR POSITION TO THE COURT,” and (2) “Papers are also being mailed to you via the United States Postal Service at [set forth addresses].”

§ C31. Turnover special proceedings.  In all turnover special proceedings commenced pursuant to CPLR 5225 (b), the judgment debtor shall be served with copies of papers in accordance with § C27 and § D2 of the Rules in addition to any service required by law.  Due to the need for detail in orders-judgments determining turnover proceedings, the papers commencing them must include a proposed order-judgment.

§ C32. Proof of service.  Proof of service of motion papers shall be submitted separately – not at the end of a submitted paper – when filing in NYSCEF.  Proof of service shall be filed even if service was by filing in NYSCEF.  Where these Rules or an order of this Court require service by first-class mail with postmarked certificate of mailing, the affidavit or affirmation of service shall have appended to it a copy of the postmarked certificate of mailing.  Where these Rules or an order of this Court require service by certified mail return receipt requested, the affidavit or affirmation of service shall have appended to it a copy of the certified mail receipt evidencing the payment of the fee for certified mail and a return receipt.  Where these Rules or an order of this Court require service by Express Mail, the affidavit or affirmation of service shall have appended to it a copy of the Express Mail receipt evidencing the payment of the fee for Express Mail.

PART D. MOTIONS & SPECIAL PROCEEDINGS - APPEARANCES & POST-ORDER MATTERS

§ D1. Motion calendar.  Upon receipt of a motion, the motion will be placed on the Court’s motion calendar (motion calendar date) by the Motion Support office but not necessarily on the return date specified in the notice of motion.  Sometimes IAS Part 2 will administratively adjourn a motion after it has been calendared by Motion Support; examples are if there are other pending motions in the action and they all should be heard together or if the motion is complex and additional time is needed for oral argument on a separate complex motion calendar.  Counsel are responsible for monitoring communications from the Court as to the particular calendar date.  They are also responsible for monitoring eCourts (https://iapps.courts.state.ny.us/webcivil/FCASMain) for dates of motions, conferences, or other matters in connection with cases where they represent a party.

§ D2. Notifying pro se parties and non-appearing parties of re-calendared or adjourned date.

(a) A pro se party and a non-appearing party presumably are not aware of the actual return date of a motion or petition, considering that noticed motions and petitions will usually be calendared by Motion Support for a date other than the one specified in the notice of motion or notice of petition.  It is also possible that orders to show cause involving a pro se party or a non-appearing party may have to be adjourned.  Pro se parties and non-appearing parties may not be familiar with eCourts, which lists calendar dates for court matters.  (See Meleshkov v Sulyma, 84 Misc 3d 1246[A], 2024 Slip Op 51693[U] [Sup Ct, Kings County 2024].)  Accordingly, to increase the likelihood of such parties being made aware of motions, petitions, and opposition, and to impress upon them the importance of making an appearance in the matter, the Court has adopted the following requirements when a motion or special proceeding is re-calendared or adjourned.  

(b) When there is a pro se party (including one who was rendered pro se due to an attorney being relieved and there is no replacement attorney), or when there is a party who has not appeared but a default judgment has not yet been entered against them in the case, you must notify such pro se party or non-appearing party of the re-calendared or adjourned date and time as follows:

    (i) by first-class mail (with postmarked certificate of mailing) to all known residence and business addresses,

    (ii) by certified mail, return receipt requested to all known residence and business addresses, and

    (iii) to known email addresses.  

(c) Said notice of a re-calendared or adjourned date shall be entitled “NOTICE OF COURT APPEARANCE DATE,” and shall have appended to it a summary of the relief sought, the Court’s address and courtroom number, and a copy of these Part Rules.  This procedure is in addition to such other service as may have been effectuated in compliance with statute, general court rules, or an order to show cause.

(d) Proof of service of such notice shall be filed on NYSCEF or, in a paper case, with the County Clerk, in affidavit or affirmation form and shall be accompanied by copies of the postmarked certificate of mailing and the certified mail receipt.  Such proof of service shall also be brought to the courtroom on the return date.

(e) This rule shall also apply to when a motion to be relieved of representing a client is adjourned to another date.

(f) Also see § C27 (additional modes of service of papers on pro se parties and non-appearing parties).

§ D3. Interpreters for pro se parties.  If you are appearing pro se and require an interpreter for an appearance on a motion or special proceeding, you must contact the Part Clerk at least one week prior to the court appearance.

§ D4. Agreed-upon remedy.  If the parties can agree to a form of relief prior to the motion calendar date, an order can be submitted through NYSCEF using a document type in the “STIPULATION" series. The motion sequence number(s) must be written on the proposed order.  Counsel making motions which are relatively uncontroversial (e.g., consolidation, joint trial, amend a caption, or substitute a personal representative for a decedent), are encouraged to consult with opposing counsel for the purpose of resolving the motion through stipulation.  In all instances where a stipulated order is submitted, copies also shall be emailed to the Part Clerk and the law clerks.

§ D5. Withdrawal.  If a motion is withdrawn, the other parties shall be notified expeditiously.  Copies of motion withdrawal papers shall also be emailed to the Part Clerk and the law clerks, as well as being filed on NYSCEF.

§ D6. Personal appearances.  All motions presumptively are to be argued in person unless the Court informs the parties at least two days in advance that it has made a sua sponte determination that a motion will be determined on submission.  A party may request that a motion not be determined on submission by emailing the Part Clerk and the law clerks at least 10 days in advance but ultimately the determination rests with the Court.

§ D7. Motion calendar day.  Motion calendar day is usually Friday unless the Court is not available.  Certain complex motions may be scheduled to be heard separately on another day, usually a Thursday.

§ D8. Conflicts on motion calendar date.  The Court understands that attorneys may have more than one appearance on a day when a motion or petition is calendared in IAS Past 2.  An attorney who must appear on a motion calendar date in another case in Supreme Court must advise the Part Clerk of any conflict so that they can be accommodated, e.g., oral argument may take place out of turn or toward the end.  Attorneys who leave the courtroom to attend to another matter should leave their two business cards or appearance forms with the Part Clerk (see § D11), indicate on them the location of the other appearance (other Part or judge’s name), and when they will return.  Apprise your adversary of the situation.

§ D9. Calendar calls.  Motion calendars are first called at 9:30 a.m.  A delay may ensue if a court officer is not yet present. The calendar call does not necessarily take place in chronological order, taking into account that extended time may be needed for certain motions.  When you hear a motion called for purposes of oral argument and you represent a party, indicate your readiness by announcing whom you represent, but do not announce your name or your firm’s name unless requested by the Court.  If not all parties are present before 10:15 a.m., the motion will be second-called.  Due to the many motions being scheduled, oral arguments may continue into the afternoon, past the 1:00-2:00 p.m. lunch hour.  Attorneys should take this into account in planning their appearances.

§ D10. Procedure for oral argument.  When a motion is called and all parties are present, or if it is after 10:15 a.m., the Court will direct the attorneys present to step forward to the counsel tables for argument.  When you place your appearance on the record from the counsel table, state your name, whom you represent, the firm of record’s name and address, and whether you are with the firm or of counsel.

§ D11. On the record; business card / appearance form. All argued motions and petitions shall be on the record.  All counsel and pro se parties must be prepared to submit two business cards or appearance forms – one for the Court and one for the court reporter – for each case.  On a business card, the name of the party and their status (e.g., “Plaintiff,” “Defendant ABC Construction,” or “Third-Party Defendant 345 Main Street LLC), should be written.  When an appearance form is submitted instead of a business card, it shall be in the following form:

APPEARANCE FORM-IAS PART 2-HON AARON D. MASLOW   Cal No. _____
Party Represented (specific name): _________________________
Firm of Record: _____________________________________________
Firm of Record Address: ____________________________________
Firm Phone: _________________ Your Phone: _________________
Your Name: ________________________________________________
Your Address (if diff. from above): __________________________
Status: ________ with the firm ________ of counsel
Your Email: _________________________________________________

Since the Court will not permit counsel to complete an appearance form at the counsel table, it behooves counsel to have it completed prior to leaving for the courthouse.  A Word version of the appearance form may be obtained from the Part Clerk; it can be individualized by attorneys appearing frequently so that information identical for each appearance is preprinted.

§ D12. Defaults.  Pursuant to 22 NYCRR 202.27, the Court has discretion in addressing a calendar default.  Motions that have not been answered by a party may be marked off or a default may be entered, as appropriate, when there is a nonappearance.  Vacatur of a default requires both a reasonable excuse for the nonappearance and a showing of merit, as well as compliance with § C25.  The failure to submit opposition papers is not considered a default when the Court determines a motion on the merits.

§ D13. Familiarity; access to motion papers.  The Court endeavors to review motion papers in advance of argument. Appearing counsel are expected to be familiar with their cases, including the underlying facts and all parties’ positions.  If appearing counsel, such as a pier diem attorney, is not familiar with the motion, the Court may adjourn the motion and impose sanctions and award attorney’s fees to the adversary.  Be prepared to explain why you oppose the salient arguments of an adverse party.  Please be prepared to refer to specific assertions or pages in submissions of the parties; to facilitate this, counsel shall bring to oral argument hardcopies or portable electronic devices containing the papers.  If the Court refers counsel to an e-filed document, counsel shall be prepared to locate it using their hardcopy or portable electronic device.

§ D14. Decisions from the bench; short-form orders.  If the Court issues a decision from the bench, counsel must be prepared to settle or submit an IAS Part 2 short-form order if so directed.  Handwriting on short-form orders shall be legible.  Counsel are responsible for accurately listing NYSCEF Document Numbers on short-form orders.  Settled or submitted short-form orders shall be handed to the court officer.  Such short-form orders will be reviewed in chambers at a later time for completeness and accuracy, at which time any appropriate modifications may be made prior to signing by the Court.  Counsel may photograph the proposed short-form order before handing it to the court officer if desired inasmuch as carbon copies will not be available.  Counsel should check NYSCEF or the County Clerk’s website to obtain copies of signed orders.

§ D15. Particularized short-form orders.  Proposed short-form orders for the following types of motions should conform to the respective template:

• Consolidation Order (the actions are to be consolidated under the oldest index number)
• Joint Trial Order
• Venue Change Order
• Default Judgment Order

§ D16. Settle or submit long-form orders.  In the event the Court directs parties or a party to settle or submit a long-form order, besides filing it with NYSCEF, a version in Microsoft Word shall be emailed to the Part Clerk and the law clerks.

§ D17. Serving certain parties with order.  If an order has been issued on a motion brought against a pro se party, a party who has not appeared, or a party who has appeared in the action but did not appear on the motion calendar date, counsel who did appear shall serve a copy of the signed order in accordance with § A6 (b) and file proof of service in accordance with § A6 (c).

§ D18. Notifying County Clerk of order. If an order directs the County Clerk to make an entry on the docket, the parties shall file NYSCEF Form EF-22.

§ D19. Notifying County Clerk of change in parties.  Notice of amendment of a caption must be given to the County Clerk by filing NYSCEF Form EF-23.

PART E. MOTIONS & SPECIAL PROCEEDINGS - ADJOURNMENTS

§ E1. Standards and procedures for seeking adjournments. The following procedures are promulgated because IAS Part 2 reviews motion papers in advance.  All adjournments are at the discretion of the Court.  A request for an adjournment shall be made through a stipulation or, if consent is not received from other counsel, through an application.  Stipulations of adjournment and applications for adjournment shall be submitted through NYSCEF, with a copy sent by email to the Part Clerk and the law clerks.  In a paper-filed case, stipulations of adjournment and applications for adjournment shall be filed with the Court at Motion Support, Room 227, at 360 Adams Street (with a copy served upon all other counsel or pro se parties), and a copy shall be emailed to the Part Clerk and the law clerks.  The deadline for filing such stipulations of adjournments and applications for adjournments shall be 5:00 p.m. of the third court business day prior to the scheduled motion date.  For clarification, the said deadline for a Friday motion calendar date is the preceding Tuesday, assuming that Tuesday, Wednesday, and Thursday are court business days.  (See On Point Window Treatment, Inc. v 208 Clinton Place, LLC, 82 Misc 3d 1206[A], 2024 NY Slip Op. 50241[U] [Sup Ct, Kings County 2024]; Wade v Khadka, 80 Misc 3d 1222[A], 2023 NY Slip Op 51058[U] [Sup Ct, Kings County 2023]; Shmerelzon v Gravesend Mgt., Inc., 80 Misc 3d 1233[A], 2023 NY Slip Op 51155[U)] [Sup Ct, Kings County 2023].)

§ E2. Late requests for adjournments.  If an application for adjournment or stipulation of adjournment has not been submitted in the foregoing manner, and counsel still wishes to apply for an adjournment, application shall be made only in person on the scheduled motion date when the motion is called.  However, applications for an adjournment made on the scheduled motion date without compliance with § E1’s provisions are disfavored and will be assessed on a standard of exigent circumstances.  Since adjournment is at the Court’s discretion, counsel shall be prepared to orally argue the motion if the adjournment application is denied.  

§ E3. Contents of applications for adjournments and stipulations of adjournment. Applications for adjournments and stipulations of adjournment must include all of the following:

(a) complete caption (including any third-party actions),

(b) Motion Sequence Number(s) and relief sought,

(c) motion calendar date,

(d) identify party seeking the adjournment and said party’s good-cause reason therefor,

(e) details of any prior adjournments of the motion, and

(f) details of future motion calendar dates with Motion Sequence No. and relief sought for other sequenced motions in the case.

Adjournments will be to the next available motion calendar date convenient to the Court.  Therefore, while the Court will attempt to accommodate the parties by adjourning to a stipulated date, this cannot be guaranteed.

§ E4. Inquiries regarding stipulations of adjournment.  Counsel are not to assume that an application for adjournment or a stipulation of adjournment will be approved.  Inquiries as to whether an application for adjournment or a stipulation of adjournment has been approved shall be made to the Part Clerk per the rules for contacting the Court set forth herein, if counsel has not yet received a response or seen one on NYSCEF.

PART F. TRIALS

§ F1. Initial pre-trial conference.  Once a trial is scheduled, the Court will conduct a conference with counsel during which the following will be covered:

(a) Plaintiff’s date of birth (for tort cases),

(b) Date of accident (for tort cases),

(c) Details of accident or other tort (for tort cases),

(d) Serious injury categories (for motor vehicle accident cases),

(e) Liability or damage trial (for tort cases),

(f) Pain and suffering only or special damages also (for tort cases),

(g) Insurer (for tort cases),

(h) Policy limit (for tort cases),

(i) Demand and/or offer,

(j) Need for interpreter,

(k) Witnesses to be called,

(l) Provision of marked pleadings,

(m) Provision of bill of particulars,

(n) Provision of deposition transcripts,

(o) Provision of proposed interrogatory verdict sheets,

(p) Provision of proposed PJI charges (latest PJI numbers must be used),

(q) Medical records issues (for tort cases),

(r) Other evidentiary issues and motions in limine,

(s) Trial schedule, and

(t) Technology during trial.

All parties’ counsel are required to attend the conference.  All counsel must be aware of the schedules of their respective witnesses.  When applicable, counsel must either bring or have ready access to any insurance adjuster.  Counsel are encouraged to provide the Court with cases determining damages.

§ F2. In limine motions.  Any potential evidentiary questions shall be brought to the Court’s attention and addressed prior to trial by way of a written motion in limine.  If a motion in limine has not yet been made, the Court will set a briefing schedule regarding same.  A written memorandum of law is required but need not be lengthy.  Citations shall be in the format specified hereinabove with respect to motions.

§ F3. Plaintiff’s requirements.  If not previously provided and unless otherwise directed by the Court, the plaintiff must provide the Court with marked pleadings and the bill of particulars, the deadline for same being determined by the Court.

§ F4. All parties’ requirements.  If not previously provided, all parties must provide copies of the following to the Court, the deadline for same being determined by the Court:

(a) Deposition transcripts anticipated to be used at trial along with proof of service of the deposition pursuant to CPLR 3116 (a).  Specific testimony to be used at trial should be highlighted.

(b) A list of potential witnesses in the order expected to be called – including both fact and expert witnesses – along with an offer of proof of expected testimony; curriculum vitae of expert witnesses; copies of exchanged expert witness discovery.

(c) Any proposed pre-trial PJI charges (using the latest version of PJI) along with any specific information if called for in the charge.

(d) Any anticipated PJI post-trial charges (using the latest version of PJI) and a proposed interrogatory verdict sheet in PDF and Microsoft Word formats.  If any proposed post-trial charges need to be modified to reflect the specific contentions of the parties, the Court shall be provided with the proposed language.

(e) A binder of pre-marked exhibits intended to be offered into evidence.  It shall include a table of the exhibits together with their proposed exhibit numbers or letters.  Exhibits shall be appropriately separated.  Plaintiffs’ exhibits shall commence with the number 1.  Defendants’ exhibits shall commence with the letter A.  The pages of each exhibit shall be sequentially numbered.  The parties shall stipulate to the admissibility of evidence where to do so will not compromise any of the rights of the parties.  No binder shall exceed two inches; multiple binders may be used.

§ F5. Marking exhibits for identification.  Prior to the commencement of the trial, the Part Clerk or court reporter shall pre-mark a set of the exhibits included in the aforesaid binders for identification.

§ F6. Subpoenaed records.  It is the responsibility of the attorneys to ensure that subpoenaed records have arrived in the Subpoenaed Records Room.

§ F7. Business card / appearance form.  Business cards or an equivalent appearance form (see § D11) must be provided to the Court and the court reporter.

§ F8. Bifurcated trials.  If the trial is bifurcated and the liability component results in a plaintiff’s verdict, the damages component shall follow immediately thereafter. 

§ F9. Objections during trial.  If you raise an objection during the trial, please rise to do so and use no more than a few words to describe the grounds for the objection, e.g., “objection-relevance,” “objection-leading,” “objection-hearsay,” “objection-no foundation,” “objection-calls for speculation,” or “objection-not in evidence.”  If you need to make an objection that cannot be stated in a few words, ask for a sidebar and the Court at some point will make a record outside the presence of the jury regarding the grounds for the objection.

§ F10. No instructing the jury on the law.  Counsel are advised to avoid instructing the jurors on the law during jury selection, opening statements, or closing statements.

§ F11. Post-trial removal of evidence.  All materials used during the trial must be removed within 48 hours of the conclusion of the trial.  Materials not timely removed may be discarded.

§ F12. Bench trials.  The foregoing trial rules not specific to jury trials shall likewise apply to bench trials and, in addition, a trial memorandum must be submitted before the commencement of the trial if requested by the Court.  A post-trial memorandum of law, with specific proposed finding of fact, shall be submitted.

§ F13. Summary jury trials.  You can view rules governing summary jury trials at the court’s Summary Jury Trial Rules website.

PART G. INFANT’S, INCOMPETENT’S AND DEATH COMPROMISES

§ G1. Requests.  Requests for orders compromising an action where court permission is necessary must be supported by all information and documents required in the CPLR and the Uniform Rules-Trial Courts.  A copy of an infant compromise checklist may be obtained by email from chambers.  When a submission is complete, you must first mail a hardcopy set of your papers to chambers and, afterwards, email the law clerks to notify chambers that the hardcopy set was mailed.  Any filing on NYSCEF of papers in an infant’s compromise shall be appropriately redacted but the mailed hardcopy set shall not be.  The cover letter to the hardcopy set and the email notification shall include the name and telephone number of the person at your firm who is responsible for the file who may be contacted by chambers.

§ G2. Scheduling.  Hearings will be scheduled by the Court.  Any adjournments must be obtained through chambers.  The infant for whom approval of a compromise is sought is expected to be brought to the hearing.

§ G3. Failure to comply.  Failure to timely and fully respond to the Court's request for additional or supplemental documentation may result in the application being rejected.  Upon rejection, a new application must be initiated.

PART H.  PRO SE LITIGANTS

§ H1. Pro se parties.  A pro se party, also known as a self-represented party, is one who is not represented by an attorney.  This includes a party whose attorney was relieved and there is no replacement attorney.  Pro se parties are required to comply with these Rules.

§ H2. Pro se contact information.  Pro se litigants may contact the Kings County Supreme Court Help Center (hours of operation: Mondays, Tuesdays, Wednesdays, and Thursdays from 9:00 a.m. to 5:00 p.m.).  The location is 360 Adams Street, Room 123, Brooklyn, NY 11201.  Their telephone number is (347) 296-1740, and their email address is [email protected].

§ H3. Resources for pro se litigants.  The following resources are online on the New York Unified Court System’s website:

• NY Courts Help Website
• NY Courts DIY Forms
• NY Court Help Centers & Community Organizations
• NY Courts Public Access Law Libraries
• NY Courts Help with Legal Research
• NY Courts Lawyers and Legal Help
• NY Courts Basic Steps in a Court Case

§ H4: Dealing with pro se litigants.  Counsel opposing pro se parties should pay particular attention to §§ A6, C2, C15, C27, D2, and D17 of these Rules.

§ H5: Compliance with Rules:  Pro se parties are required to comply with these Rules.

PART I. MISCELLANEOUS

§ I1. Responsibility to maintain current contact information.  Counsel are responsible for updating contact information in NYSCEF.  Email addresses for persons responsible for the case must be current.  A party which does not maintain up-to-date information on NYSCEF risks not receiving correspondence from chambers.

§ I2. Submitting papers to the Court for signature.  In submitting any papers to the Court for signature, there must be at least three lines of type above the space for the Court’s signature.

§ I3. Subpoenas.  Subpoenas submitted for the Court’s So Ordering must be accompanied by a brief counsel affirmation explaining the nature of the action and the basis for the subpoena.

§ I4. Kings County Supreme Court Uniform Civil Term Rules. The Kings County Supreme Court Uniform Civil Term Rules are arranged by subject matter and can be found at:
Uniform Rules - Papers & Motions
Uniform Rules - Discovery Part Rules
Uniform Rules - Foreclosure
Uniform Rules - Commercial Division
Uniform Rules - Matrimonial
Uniform Rules - Condemnation Part Rules
Further useful information can be accessed at the Kings County Supreme Court Civil Term website.

§ I5. Status conferences.  If the Court schedules your case for a status conference, an attorney knowledgeable with the case’s details shall attend and be prepared to discuss settlement and the possible option of arbitration.  Toward that end, the attorney for a party with insurance coverage shall be prepared to contact the claim examiner handling the respective claim.

§ I6. Recusals.  The Court takes seriously the provisions of 22 NYCRR 100.3 (E).  The Court may on application of a party or sua sponte recuse itself when appropriate.  Counsel must inform the Court and adversaries if it believes that a recusal is possibly appropriate.  Counsel must inform the Court and adversaries if they or their client knows the Court, the Court’s spouse or other close family member, or a Court staff member from a context outside the confines of court business or if they or their client engaged in litigation previously with the Court, the Court’s spouse or other close family member, or a Court staff member.  If in doubt as to whether to disclose the information, you should disclose it.  Determinations of recusal shall be made by the Court.

§ I7. Recheck Rules.  Please recheck these Part Rules if another appearance in the Part is anticipated, as the said Rules may be amended as circumstances require.