Hon. Jill R. Epstein: Part 35 & FRP-3 Rules
Principal Law Clerk: Rebecca Ditchek, Esq.
Part Clerk: Nicolette Espinal
360 Adams Street, Courtroom 359
Brooklyn, New York 11201
Courtroom/Part Clerk Telephone No: 929-457-6065
Updated: February 25, 2026
GENERAL
Do NOT call the Court to inquire as to whether an appearance is required!
No matters are taken on submission, oral arguments is required
An in-person appearance is required in all motions, EXCEPT where:
- The parties have resolved a motion in advance and have uploaded a FULLY EXECUTED stipulation to NYSCEF and notified the part clerk via email AND
- The movant gets confirmation from the part clerk not to appear as scheduled
DO NOT CALL THE COURT FOR ADJOURNMENT REQUESTS!
- If an adjournment is being requested in advance, parties must submit a signed consent order and upload to NYSCEF at least 24 hours in advance
- If there is an emergency application for an adjournment request, one can be made in-person by a person from your law firm or your adversary AT THE CALENDAR CALL
- Do not send letters of correspondence to the court. If you are seeking a stay or other action parties MUST move by stipulation to restore to calendar, by order to show cause, or by motion.
MOTIONS
- All motion will be heard in-person, on Tuesday’s in Courtroom 359, unless the Court indicates otherwise. There are two calendar calls; the first call is at 9:30 AM and second call is at 10:30 AM
- All motions require an in-person appearance; no motions are taken on submission WITHOUT oral arguments
- Movants must bring one printed courtesy copy of all motion papers, oppositions, and replies for the Court
- All Proposed Orders must be signed at the bottom of each submission to signify that both parties have reviewed the order, even if after oral argument
- All proposed orders submitted prior to arguments, should be uploaded NO SOONER than ONE WEEK PRIOR to the matter’s calendar date, all orders submitted prior will be rejected by the Court
- After oral argument, the parties who appear are required to submit a short form order, unless the matter is taken on submission after argument. Failure to submit a proposed short form order by 3 PM on the date of argument, will result in the motion being marked off calendar
- All proposed orders shall be uploaded to NYSCEF IN ADDITION TO A PHYSICAL COPY PROVIDED TO THE COURT ON THE CALENDAR DATE
- If a matter is resolved, the parties must file a fully executed stipulation of settlement or a stipulation of discontinuance on NYSCEF
- Self-represented Defendants can meet with housing counseling agencies. Information about volunteer attorneys and other resources can be found on the Court’s website at: www.nycourthelp.gov. Defendants may retain Counsel prior to participating in any court dates and/or settlement conferences. For information about volunteer agencies please see the Kings County Foreclosure Prevention Legal Services Contacts.
- Any Stipulation of Settlement with a Self-represented Defendant must be allocuted, in-person, and on the record by the Court. Absent same the stipulation will not be so-ordered
- This Court will not engage in ex-parte communications. All communication to the Court must be on notice to your adversary
TRIALS
- No later than 3 PM on the date of the initial conference, all the following MUST be emailed to the Part:
- A copy of the marked pleadings and a copy of the Bill of Particulars
- Proposed charges and proposed verdict sheets, in typed form, which may be adjusted after a charging conference
- If citing to a specific statute or code (ex. VTL) you must include the exact language you intend be charged
- Notify the Court Attorney if a witness needs an interpreter
- A list of witnesses
- All motion in limine shall be made no later than 36 hours prior to the start of trial or the issues will be waived
- Counsel shall pre-mark all exhibits, and a list of the exhibits shall be provided to the Court prior to trial via email to the Part
- Attorneys must ensure that all subpoenaed records are in the Subpoenaed Record Room and must notify the Part Clerk of any requests for so ordered subpoenas.
- Prior to trial, counsel shall provide the Court with a list of potential witnesses they intend to call at trial, including expert witnesses, and the dates that that intend to call each witness
- A copy of depositions intended to be used at trial shall be provided to the Court at the commencement of the trial
SUBPOENAS
All subpoenas shall be approved by the subpoenaed records room located on the 6th floor, after which the approved subpoena shall be deposited in courtroom 359 for signature. NO subpoenas will be accepted electronically.
PART REMINDERS
This Court will not engage in ex-parte communications. This Court will not make discovery rulings as all discovery matters are handled in the Central Compliance Part, (347) 296-1626. Formal application (OSC/motion) is required for judicial intervention, except as indicated above.