Hon. Brian L. Gotlieb: Part 71 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
IAS PART 71 PART RULES
COMMUNICATION
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.
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). 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.
Do not call chambers to ask a substantive and/or procedural legal question or request information on a case.
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]
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.
Updated: March 10, 2026
GENERAL RULES
Cases will be called as soon as they are ready. Failure of any party to check-in / 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.
Failure to answer the call of the calendar may result in the non-appearing party or parties being found in default and subject to the entry of an order on default or the denial of a motion (to the extent that said party or parties was / were the movants) or other sanction.
Parties appearing for conferences and/or motions must be fully familiar with the case, the status of any disclosure proceedings, and any settlement negotiations.
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.”).
MOTIONS AND ORDERS TO SHOW CAUSE
All motions and/or orders to show cause, shall comply with Part 202 of the Uniform Rules for New York State Trial Courts (hereinafter UCR 202) and Rule 130 of the Chief Administrative Judge (hereinafter Rule 130).
Motion papers, answering affidavits, and reply papers must be served in accordance with CPLR §2214 unless otherwise directed by the Court.
Orders to Show Cause will be heard on their initial return date absent an adjournment being granted for good cause. 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.
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.
Hard copies are required to be filed for any non-e-filed motions, answering papers, stipulations, etc.
Motions and Orders to Show Cause are heard on Tuesdays and, unless otherwise listed or provided, in accordance with the schedule listed below.
All motions and Orders to Show Cause will be in person, as they will not be taken on submission.
GENERAL MOTION CALENDAR
General motion calendar is heard every Tuesday at 9:45 am (first call) and 10:45 am (second call).
Motions on the general motion calendar may be adjourned, settled or withdrawn.
Motions on the general motion calendar will NOT be taken on submission.
Settlements, adjournments or withdrawals, shall be filed appropriately: E-filed and if your case is not an e-file case, said documents may be emailed to the part email [email protected]. All settlements, adjournments or withdrawals must be received by 11:00 A.M. on the Monday before the motion calendar date. All correspondence must be on notice to all parties.
Upon a motion being fully briefed the parties may make an application to put it on the oral argument calendar on the next available date. No oral argument will be heard on the day of the application to place a motion on the oral argument calendar.
Parties may stipulate to put a fully briefed motion on the oral argument calendar. The Court will schedule the oral argument for the next available date. This stipulation must say that the motion(s) is/are fully briefed and put on for the next available oral argument date and MUST BE RECEIVED BY THE COURT THE MONDAY BEFORE THE MOTION CALENDAR DATE. If the parties stipulate to put the motion on the oral argument calendar, they do not have to appear for the general calendar call. If the motion is not fully briefed the stipulation will be rejected and the parties must appear for the general motion calendar call.
ORAL ARGUMENT CALENDAR
Oral argument calendar is heard every Tuesday at 10:00 am (first call) and 11:00 am (second call).
Adjournment requests for motions on the oral argument calendar will not be entertained. If there is an emergency, you may contact the part clerk, they will contact chambers, and the Judge will decide on the application.
PARTIES WHO HAVE ANSWERED “READY” MUST REMAIN IN THE COURTROOM. IF YOU LEAVE FOR ANY REASON, YOU MUST INFORM THE COURT CLERK OF YOUR WHEREABOUTS AND PROVIDE A NUMBER TO REACH YOU AT PRIOR TO LEAVING THE COURTROOM. COUNSEL IS ADVISED THAT IF A MOTION HAS BEEN MARKED READY AND NO ONE APPEARS TO ARGUE THE MOTION WHEN IT IS CALLED TO BE HEARD, A DEFAULT MAY BE TAKEN AGAINST THE PARTY WHO ANSWERED READY AND THEN FAILED TO APPEAR.
All Orders to Show Cause and Special Proceeding motion papers, answering affidavits MUST be served on adversaries pursuant to CPLR §403(b) which prescribes the timing requirements for notice of the hearing and service of responsive papers in the special proceeding. (i.e. opposition only, no cross-motions to OSC no reply).
All Orders to Show Cause, Special Proceedings and Motions scheduled before this court are governed by CPLR §§ 103 and 403.
All motion papers (including stipulations / proposed orders) MUST include a full caption. Papers that do not contain a full caption will be rejected and not considered.
All motion papers must be filed electronically through NYSCEF or where the action does not participate in NYSCEF, to the Motion Support Office, at 360 Adams Street, Room 227 and emailed to [email protected].
ADJOURNMENTS ON CONSENT (GENERAL MOTION CALENDAR)
Motions may, without appearance, be adjourned twice on consent to the Court’s next available motion date upon the submission of a duly executed stipulation of adjournment. Said stipulation shall include language that papers not in compliance with the UCR 202 and Rule 130 will not be considered by the court. To the extent there are defects, such defects shall be cured seven (7) days before the adjourned date. Failure to cure said defects will result in the papers being rejected.
The second adjournment requested by the parties will only be granted upon the submission of a fully executed stipulation to be “So-Ordered” by the Court. The stipulation must incorporate 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 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 [email protected].
- 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 Part 71 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 for an adjournment of an IAS Part 71 motion shall be uploaded to NYSCEF and emailed, no later than 1:00 pm the day before the return date of the motion, to [email protected]. Where the action does not participate in NYSCEF, stipulations are to be filed with the Motion Support Office at 360 Adams Street, Room 227 and emailed to [email protected].
Fully briefed motions on the General Motion Calendar will not be granted an adjournment to the same calendar.
CONTESTED ADJOURNMENTS OF MOTIONS:
Applications for adjournment not on consent shall be made in person at the call of the appropriate motion calendar.
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.
STIPULATIONS
Stipulations submitted to the Court may not be conditional in nature (i.e. “if defendant serves an answer within thirty 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” 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.
Stipulations that fail to meet the above requirements will be rejected.
DEFAULT JUDGMENTS
If a party is seeking a default judgment, they MUST bring a copy of the affidavit of service for each defaulting party to the general calendar call. The order will not be signed if there is no affidavit of service for the Court to review and the matter will be adjourned to the next calendar date.
ORAL ARGUMENT:
Unless otherwise ordered, oral arguments will be heard on the return date.
DEFAULTS
Pursuant to Uniform Rule §202.27, the Court has discretion in addressing a calendar default. When appropriate, among other possible sanctions, an action may be dismissed, or judgment entered for the failure of one or more parties to appear on the return date of a motion.
SUBPOENAS
All subpoenas shall be approved and stamped by the subpoenaed records room located on the 6th floor, after which the approved subpoena shall be dropped off in the basket outside Courtroom 362 for signature. Subpoenas will not be accepted electronically.
All subpoenas must be noticed to have all papers sent to the Subpoena Records, Room 648. Subpoenas that are not submitted to the Subpoena Records Room will not be entertained. Subpoenas must comply with the CPLR. Subpoenas will not be signed unless the records are going to the subpoena record room.
TRIALS
The plaintiff must provide the Court with marked pleadings, a bill of particulars (including any amended and/or supplemental bills of particulars) pursuant to CPLR § 4012 and the Uniform Civil Rules for the Supreme Court § 202.35, and if a party intends to use a deposition transcript at trial that party must submit a copy of the transcript along with proof of service of the transcript pursuant to CPLR § 3116(a).
Prior to the commencement of the trial, all parties must provide the court with requests to charge including contentions to the extent necessary.
Prior to the commencement of trial, a pre-trial settlement conference will be held to discuss possible settlement. If settlement discussions are unsuccessful, the matter will proceed to trial which will continue through the end of the business day, and continue day-to-day, from liability to damages, unless specifically excepted, until the trial is completed.
Any motions in limine must be made as early as possible. Any potential evidentiary question or procedural or substantive law matter not previously adjudicated shall be brought to the Court’s attention and addressed prior to trial by way of a written or oral motion in limine. A written memorandum of law with citations to the Official Reports is required. Citations and copies of relevant court decisions and statutes should be furnished to the Court prior to commencement of plaintiff's case and when otherwise requested by the Court.
Trial exhibits. The Court urges the parties to pre-mark the exhibits for identification and to stipulate to the admissibility of evidence where to do so will not compromise any of the rights of the parties. A list of the exhibits shall also be provided to the Court prior to trial. Plaintiffs will number their exhibits and defendants will letter their exhibits. On the day of trial, the exhibits and the list will be given to the court clerk who will officially mark them before trial.
Witnesses: Prior to trial, counsel shall provide to the Court a list of potential witnesses in the order in which they intend to call them at trial, including expert witnesses, their expertise, and summary of expected trial testimony.
If a trial is assigned for scheduling a date certain, all counsels must be aware of the schedules of their respective witnesses. After a trial date is scheduled, a settlement date will be scheduled prior to trial and ALL PARTIES are required to attend the settlement conference. When applicable, counsel must either bring or have ready access to any insurance adjuster. Respective counsels are encouraged to provide the Court with cases determining relevant damages.
No speaking objections. If you raise an objection during the trial, please use one or two words to describe the grounds for the objection, i.e., “objection-relevance,” “objection-hearsay,” “objection-no foundation.” If you need to make an objection that cannot be stated in one or two words, ask for a sidebar and the Court will make a record outside the presence of the jury regarding the grounds for the objections.
Please avoid instructing the jurors on the law during jury selection, opening statements, or closing statements.
Counsel must notify the Court if a witness requires a language interpreter as soon as the case is assigned so that timely arrangements can be made.
Please provide business cards for the Court and court reporter at all in person trials.
BENCH TRIALS:
- The Court encourages the parties to discuss settlement, but the Court will not be involved in such discussions. Upon request, the Court will attempt to provide a special master or court attorney to discuss settlement.
- You may but are not required to provide the Court with a trial memorandum in letter form at the beginning of the trial. There is no need or requirement for a post-trial memorandum unless specifically requested by the Court.
- Counsel must notify the Court if a witness requires a language interpreter as soon as the case is assigned so that timely arrangements can be made.
- Please provide business cards for the Court and court reporter at all in person trials.
SUMMARY JURY TRIALS (SJT)
All proposed jury charges and proposed verdict sheets shall be submitted to the Court in Microsoft Word document format prior to the commencement of jury selection.
All summary jury trials are subject to the summary jury trial rules. All SJT stipulations MUST include the dates for the virtual evidentiary hearing, the date to pick a jury, and the trial date and whether an interpreter will be needed.
Parties are to exchange their evidentiary packets with each other at least one week prior to the evidentiary hearing.
The Court MUST receive each parties' proposed charges and verdict sheets ON OR BEFORE the opening of business (9:00 am) at least two (2) days before your scheduled evidentiary hearing because the Judge will discuss both during the hearing. If your hearing is on a Monday, the Court must receive your proposed charges, and verdict sheets the Friday before.
The parties may upload the proposed verdict sheet and charges to NYSCEF and/or the parties can email the same to [email protected]. Please be aware, If the parties agree on their packets and there are no issues the Court is still going to conduct an evidentiary hearing to go over the verdict sheets and charges.
INQUESTS
At the time of the inquest, plaintiff shall provide the Court with a copy of marked pleadings and a copy of the default judgment.
Certified medical records or testimony of a physician are required to prove damages.
INFANT COMPROMISES
Petitions for compromise orders must be filed through Motion Support or through Special Term Part 72.
Hearings will be scheduled by the Court upon submission of all required documents. Any adjournments must be obtained through chambers. All parties must appear for a hearing unless otherwise agreed with chambers.
Defense counsel must be noticed on all applications/documents submitted to the Court and must appear at the hearing unless such counsel has waived the right to receive notice and appear. All such waivers must be in writing and e-filed.
Infant compromise petitions must comply with CPLR §1208. The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults in appearances. Further, the affirmation must include a detailed description of the accident/incident and an adequate statement regarding liability. The infant’s medical reports, a physician's affirmation that is prepared within six (6) months of the application, a settlement letter, and an affirmation of no liens are also required.
If any portion of the settlement is structured, the cost of the annuity must be stated in the order. If a compromise order was signed as to a previously settling defendant, such order must be attached as an exhibit and the partial settlement so stated in the attorney affirmation in support of the final compromise order.
Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.
Upon submission of all required documents (the proposed order, copies of all relevant medical records, doctor(s) affirmations, and an NYC Department of Human Resources Lien/No Lien Letter) an in-person hearing will be scheduled. Requests for interpreter services must be made prior to the hearing.
Failure to timely and fully respond to the Court's request for additional/supplemental documentation may result in the application being rejected. Upon rejection, a new application must be initiated.
IN-CAMERA INSPECTIONS:
In-camera inspections and infant compromises 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 the in-camera documents is required for review. Any documents that are not paginated will be returned for resubmission.