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Commercial Division, Kings County
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Hon. Richard J. Montelione: Part 99 Rules

360 Adams Street
Brooklyn, NY 11201
Courtroom #574
Number: (347) 296-1650

Chambers Room #1135
Phone Number: (718) 500-4012
E-mail: [email protected]

Principal Law Clerk: Mark Legere, Esq., Email: [email protected]
Assistant Law Clerk: Nathalie Chevalier, Esq., Email: [email protected]
Part 99 Clerk: LaTonya Lewis, Email: [email protected]

Updated: October 30, 2025

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    HEALTH AND SAFETY PROTOCOLS

    All parties are expected to adhere to then-current health and safety protocols.  Please read all requirements upon entry to the courthouse as determined by OCA.  Upon entry to the courthouse, counsel and parties represent to the court and others that in good faith they believe themselves to be in good health.

    COMMUNICATION

    Ex Parte communication with Chambers by phone or otherwise is NOT permitted. 

    1. Telephone Calls. For scheduling, calendar, and general inquiries contact the Part Clerk at (347) 296-1650 or [email protected]. For urgent matters, contact chambers at (718) 500-4012. Please do not contact chambers to inquire whether your Part 99 Motion requires an in-person appearance. This information is provided above under “ORAL ARGUMENTS.”
    2. Letters to the Court. Letters shall not exceed two-pages in length and shall be e-filed via NYSCEF with a courtesy copy e-mailed to the Principal Law Clerk or hand-delivered to Chambers. Copies of correspondence between counsel shall not be sent to the Court.

    APPEARANCES BEFORE PART 99

    1.  Absent accommodations made with prior approval of the Court in-person appearances are required on all Part 99 motions, conferences, and hearings.
    2. In matters where virtual appearances have been preapproved by the Court, parties will be provided a link.

    MOTION CALENDAR

    IN-PERSON APPEARANCES ARE REQUIRED ON ALL PART 99 MOTIONS, EXCEPT FOR ACCOMMODATIONS MADE WITH THE PRIOR APPROVAL OF THE COURT. MOTIONS ARE NOT TAKEN ON SUBMISSION UNLESS APPROVED BY THE COURT. PART 99 MOTION CALENDARS ARE HELD ON EACH OF THE FIRST THREE WEDNESDAYS OF THE MONTH (EXCLUDING HOLIDAYS) IN COURTROOM 574. THE CALENDAR CALL BEGINS PROMPTLY AT 9:30 A.M., WITH A SECOND AND FINAL CALL AT 10:30 A.M. IF OPPOSING COUNSEL IS NOT IN ATTENDANCE ON THE FIRST CALL, AS A PROFESSIONAL COURTESY, PLEASE CALL THE MISSING ATTORNEY(S) AND INQUIRE WHY THEY ARE NOT IN ATTENDANCE IN ORDER TO AVOID FUTURE MOTIONS TO VACATE A DEFAULT.

    1.  BEFORE e-mailing or calling the Principal Court Attorney and/or the Part Clerk, check e-courts to determine whether the motion(s) in question is being heard in Part 99 or elsewhere, i.e. Intake, CCP, JCP, FCP, City Part.
    2. Discovery motions are NOT heard by Justice Montelione. If your case is assigned to Justice Montelione but calendared in one of the Discovery Parts (i.e., Compliance Conference Part, Final Conference Part), please check the Rules specific to that Part. All inquiries about discovery or discovery motions are to be directed to the Centralized Compliance Part. You can find more information regarding discovery at the Discovery Part Rules. The court suggests that if a party is seeking both discovery and non-discovery relief, that separate motions be submitted. Otherwise, the discovery portion of the motion will be referred to the discovery part which may cause a delay.
    3. The ONLY motions that will be heard by Justice Montelione are non-discovery Part 99 motions.
    4. When arguing your matter before the justice, please remember to note the NYSCEF number of any e-filed document you are referencing during oral argument.

    ADJOURNMENTS

    1. The Court has a liberal adjournment policy for motions that are appearing on the Part 99 calendar for the first time. No reasonable request for an adjournment will be denied. However, the court expects that the party requesting the adjournment has contacted the opposing side to seek the adjournment in order to avoid a wasted trip to the court and will consider it. To request an adjournment on a matter appearing on the calendar for the first time, parties must submit a stipulation signed by counsel for all parties consenting to the adjournment.
    2. Subsequent adjournments must be based on good cause. To request a subsequent consent adjournment , the parties must submit a stipulation signed by all counsel which shall also include (a) the original return date, (b) any prior adjournments, (c) any future court appearances scheduled in the matter, and (d) the good cause reason(s) underlying the adjournment request. Please e-file the signed stipulation on NYSCEF and e-mail a copy to Chambers. Stipulations for any adjournments must be e-filed no later than the Friday before the scheduled motion. Late adjournment requests will have to be made by application at the call of the calendar.
    3. Absent an agreement of the parties, adjournment request will have to be made by application at the call of the Part 99 Calendar.

    STIPULATIONS

    1. Stipulation of Withdrawal of Motion. Any party wishing to withdraw a motion must notify the Court by e-filing a notice of withdrawal in NYSCEF and e-mailing a courtesy copy to Chambers at least (2) days prior to motion calendar date. Please remember that withdrawing a motion may not affect any cross or other motions.
    2. Stipulation Settling a Motion. If the parties have resolved a motion pursuant to a stipulation, the stipulation must be e-filed in NYSCEF and a copy must be sent to Mr. Legere, Esq. at least (2) days prior to the motion calendar date. The stipulation must account for all parties in the caption. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) the reason for the exclusion should be stated in the stipulation. You will receive an e-mail notification from the Court if your stipulation is accepted. If you do not receive notification from the Court, the parties must appear on the scheduled return date.
    3. Stipulation of Settlement. If the parties have resolved a case pursuant to a stipulation of settlement, the stipulation must be e-filed in NYSCEF and a copy must be sent to Chambers. The stipulation must account for all parties in the caption. If a named party in the caption has not signed the stipulation for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) the reason for the exclusion should be stated in the stipulation.
    4. Stipulation of Discontinuance. If the parties wish to discontinue an action in whole or in part, a stipulation of discontinuance must be filed in NYSCEF. The stipulation must account for all parties in the caption. If a named party in the caption has not signed the stipulation for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) the reason for the exclusion should be stated in the stipulation. Once a stipulation of discontinuance is received by the court, the case will be marked disposed.

    MOTION PRACTICE IN PART 99

    1. The local rules are incorporated by reference but to the extent they may differ from these rules, these rules apply. All motion papers must comply with the Uniform Rules for Trial Courts and the local rules and if there is an inconsistency, these part rules are controlling.
    2. An Order to Show Cause (OSC) with a request for a temporary restraining order, including a request for a temporary stay of an action, will generally not be heard ex parte unless good cause is shown.
    3. Opposition papers to an OSC shall be e-filed at least 24 hours before the motion is to be heard unless it is impractical to do so. Replies are not permitted unless the court grants an application based on good cause or otherwise directs a reply.
    4. Any Settlement of an Order or Judgment on Notice filed with the court must contain a copy of the original order directing such settlement.
    5. Copies of proposed orders and requests to so-order should be e-filed to NYSCEF, and a copy should be e-mailed to Chambers. Where pleadings, prior applications, or prior decisions and orders are relevant to the motion, copies of these documents shall be annexed. Reference to the NYSCEF documents is not sufficient.
    6. Please do not make any oral arguments unless those oral arguments are within the motion papers. If you think the oral arguments raise issues which are not within your papers but are determinative of any of the issues, then you must request an adjournment to include such arguments in writing so they can be heard on a future date.
    7. Regarding sur-replies, the CPLR does not provide for sur-reply papers and the court will not accept these papers unless good cause is shown and a request to file those papers is granted. If the reply contains facts not previously provided, the court will not consider such reply. If the original motion was brought by a non-lawyer and the movant retained counsel, an application may be made to supplement the papers or include additional facts in a reply and if the application is granted the court will also allow a sur-reply in those instances.
    8. Those appearing before the court are reminded of proper courtroom decorum and shall address all parties and court personnel respectfully. Do not at any time address the court, staff, or jurors by first name, or with undue familiarity.  If any party feels that the court, staff, or other counsel is not following the same protocol of professional decorum, it should immediately be brought to the court’s attention.
    9. All motions for summary judgment shall be accompanied by a Statement of Material Facts in accordance with Part 202.8-g of the Uniform Rules of the Trial Courts. A material fact is one that cannot reasonably be disputed. Please do not include legal conclusion.
    10. When counsel appear for oral argument, they must be prepared with two (2) business cards, having written on the front side of the card the name of the party counsel represents and the calendar number of their motion(s) and the motion sequence numbers indicating movant or opposition, e.g. plaintiff movant MS# 3; defendant opposition MS# 3. (There are business-card sized forms in the courtroom in the event 2 business cards are not available to counsel.)

    MOTION HEARINGS AND CONFERENCES IN PART 99

    Except for accommodations made with the prior approval of the court, Part 99 hearings and/or conferences are held in person on each of the first three Wednesday afternoons of the month (excluding holidays) in courtroom 574.  If you are unsure of your hearing or conference time, contact the Part 99 Clerk.

    SUBPOENAS

    All subpoenas requested to be “so-ordered” by the court must be deposited in the basket outside courtroom 574. Subpoenas should not be e-filed to NYSCEF.  If the subpoena requests testimony or documents of a non-party, it must contain an affirmation as to why testimony or documents is/are relevant, and must contain any appropriate authorizations.

    BENCH TRIALS/JURY TRIALS/SUMMARY JURY TRIALS

    1. Attorneys must bring their own equipment for any technical presentation unless counsel can confirm that the court can provide such equipment.
    2. If a witness requires a language interpreter, counsel must notify chambers as soon as the case is assigned so that timely arrangements can be made.

    JURY TRIALS

    1. If your jury trial is assigned to Part 99, at least one day before the scheduled trial and no later than 1:00 p.m., the plaintiff must provide Chambers with marked pleadings, all bills and supplemental bills of particulars, and any deposition transcripts anticipated to be used at trial along with proof of service of the deposition pursuant to CPLR 3116(a).
    2. At least one day before the scheduled trial and no later than 1:00 p.m., all parties must provide the court with any anticipated PJI closing charges and a proposed interrogatory verdict sheet. If any closing charges given to the court at the beginning of the trial need to be modified, please inform the court of such modifications before the charging conference. If any proposed charges need to be modified to reflect the specific contentions of the parties, counsel must provide the court with the proposed language.
    3. All documents and/or photos that are blown-up, unless stipulated by all counsel into evidence, must also be in a form no larger than 14 x 8 ½ inches. The blown-up exhibit will not be shown to the witness or the jury unless the exhibit, which is no larger than 14 x 8 ½ inches, is admitted into evidence upon a proper foundation.  All documents and/or photos must be in a folder and shielded from viewing by the jury until entered into evidence.
    4. There will be a brief conference to discuss possible settlement, and if settlement discussions are unsuccessful, the matter will proceed directly to trial. Trials begin promptly at 9:30 A.M. sharp, continue up to the lunch hour (1 P.M.), resume at 2:15 P.M. sharp, continue through the end of the business day, and, with the exception of Wednesdays (calendar day), continue day-to-day, from liability to damages, unless specifically excepted, until the trial is completed.
    5. A motion in limine must be made as early as possible and may be made either orally or by letter limited to two pages unless the court directs otherwise. If the trial is scheduled more than 30 days from the date of a conference, any motions in limine must be made at least 15 days before the trial date.
    6. Trial exhibits. The court urges the parties to stipulate to the admissibility of evidence where to do so will not compromise any of the rights of the parties, and to notify the Part Clerk of the stipulated plaintiff’s or defendant’s exhibits.  Plaintiff’s exhibits shall be designated by numbers and defendant’s exhibits shall be designated by letters.  All other exhibits shall be marked chronologically as the evidence is marked for identification and into evidence.
    7. If the trial is scheduled for a date certain, all counsel must be aware of the schedules of their respective witnesses. After a trial date is scheduled, a pre-trial conference and settlement date may be scheduled prior to trial and if so, ALL PARTIES are required to attend the conference. When applicable, counsel must either bring or have ready access to any insurance adjuster. Respective counsel are encouraged to provide the court with cases determining relevant damages.
    8. No speaking objections during trial. If you raise an objection during the course of 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 objection.
    9. Please avoid instructing the jurors on the law during jury selection, opening statements, or closing statements. If you do so, please be aware that the court will give a strongly worded curative instruction.
    10. Summary Jury Trials. You can view these rules at the Summary Jury Trial Rules.

    SETTLEMENT DISCUSSIONS INVOLVING MOTIONS OR CASES

    The Court is always amenable to a Microsoft Teams or telephone conference, or in person appearances to settle a motion or a case. If interested, please reach out to opposing counsel/parties and then email Mr. Legere ([email protected]) for further instructions. The Court may also refer the parties to the alternative dispute resolution part or mediation.

    BENCH TRIALS

    1. The court encourages the parties to discuss settlement, but when there is a scheduled bench trial 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.
    2. At least one day before the scheduled trial and no later than 1:00 p.m., the plaintiff must provide Chambers with marked pleadings, all bills and supplemental bills of particulars, and any deposition transcripts anticipated to be used at trial along with proof of service of the deposition pursuant to CPLR 3116(a).
    3. 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.
    4. If the trial is scheduled for a date certain, all counsel must be aware of the schedules of their respective witnesses. After a trial date is scheduled, a pre-trial conference and settlement date will be scheduled prior to trial and ALL PARTIES are required to attend the conference. When applicable, counsel must either bring or have ready access to any insurance adjuster. Respective counsel are encouraged to provide the court with cases determining relevant damages.
    5. 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.

    INFANT COMPROMISE HEARINGS

    1. All hearings are scheduled by the Court.
    2. Prior to scheduling the hearing, the Court MUST receive the proposed order, copies of all relevant medical records, doctor(s) affirmations, guardian and attorney affirmations, and a NYC Department of Human Resources Lien/No Lien Letter. Please click on the following link or contact the court for the required contents of the guardian, attorney, doctor, and other necessary affirmations: Infant Compromise Document Requirements
    3. At the time of the hearing, an unredacted proposed order must be e-mailed to Chambers in a Microsoft Word format tracking the language found in the sample order provided. (Please click on the following link or contact the court for a sample order: Infant Compromise Sample Order Form).
    4. Any notice of settlement of order or judgment must comply with 22 NYCRR 202.48.

    PROPOSED ORDERS and/or JUDGEMENTS

    Any proposed orders and/or judgments shall be submitted with a Notice of Settlement and any counter proposals shall be submitted as set forth in § 202.48 of the Uniform Rules For the New York State Trial Courts.  A Microsoft Word version shall simultaneously be provided to Chambers.