Hon. Steven Z. Mostofsky: Part 9 Rules
Principal Law Clerk: Charles Siegel, Esq.
Assistant Law Clerk: Affan Nagi, Esq.
Part Clerk: Lavern Swaby
360 Adams Street, Courtroom 724
Brooklyn, New York 11201
Courtroom/Part Clerk Telephone No: 347-296-1102
Part 9 Email: [email protected]
Updated: February 3, 2025
DO NOT CALL THE COURT TO INQUIRE WHETHER AN APPEARANCE IS REQUIRED!
AN IN-PERSON APPEARANCE IS REQUIRED ON ALL MOTIONS, EXCEPT WHERE:
- PARTIES HAVE RESOLVED A MOTION ON CONSENT AND UPLOADED A PROPOSED ORDER VIA NYSCEF AT LEAST THREE BUSINESS DAYS PRIOR TO THE RETURN DATE; AND
- THE MOVANT GETS CONFIRMATION FROM THE PART CLERK THAT THEY DO NOT HAVE TO APPEAR.
ADJOURNMENT REQUESTS ARE ONLY GRANTED:
- ON CONSENT OF ALL PARTIES BY NYSCEF FILING OF A STIPULATION PRIOR TO THE RETURN DATE. PARTIES CANNOT STIPULATE TO FILING ANSWERING PAPERS LESS THAN 2 WEEKS PRIOR TO THE RETURN DATE.
DO NOT CALL OR EMAIL THE COURT FOR AN ADJOURNMENT.
ALL DISCOVERY MATTERS ARE HELD IN THE DISCOVERY PART. They can be reached at PC Intake (347) 296-1592; CCP (347) 296-1626; FCP (347) 401-9054
NO EX-PARTE COMMUNICATIONS WITH THE COURT
MOTIONS
All motion papers must be filed electronically through NYSCEF, or 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.
Motions will be heard on Thursdays. In person oral argument is required on all motions. All Counsel/Litigants must be prepared with knowledge of the motion(s) / case and be ready for oral argument.
ALL AFFIRMATIONS MUST COMPLY WITH THE REQUIREMENTS OF CPLR 2106.
STATEMENTS OF MATERIAL FACTS ARE NO LONGER NECESSARY.
First Call of the Calendar will be at 10:00am
Second Call of the Calendar will be at 11:00am
Motions may be decided on default if there is a failure to file papers and/or appear, a failure to submit a consent order, or a failure to obtain an adjournment.
Parties shall bring hard copies of the papers necessary to make their argument. You are not required to bring hard copies of all the motion papers.
Adjournment requests are not granted by email or telephone.
A motion may be adjourned to a Thursday, no more than 6 weeks from the return date. The date may be changed by the Court. A stipulation of adjournment shall be filed, signed by all parties, prior to the scheduled appearance.
Opposition papers are due 2 weeks prior to the return date set by the Court and Reply papers (if any) are due at least one week before the return date set by the Court. The Court may change the return date upon receipt of the stipulation, so please check eCourts.
PARTIES CANNOT STIPULATE TO FILING ANSWERING PAPERS LESS THAN 2 WEEKS PRIOR TO THE RETURN DATE.
REPLY PAPERS ON ORDERS TO SHOW CAUSE ARE NOT PERMITTED WITHOUT PRIOR PERMISSION FROM THE COURT. (N.Y. Ct. Rules. §202.8-d)
Motion Resolution - The parties may also resolve motions by e-filing a proposed consent order on the appropriate court form (see hyperlinked forms below) at least three (3) business days prior to the scheduled appearance. If the matter is not resolved via fully executed stipulation with confirmation from the Court that it is being approved, the parties must appear in person. If the Court accepts the uploaded stipulation or adjournment, it will be reflected in eCourts.
If a motion or an action is settled, the parties shall notify the Court immediately by uploading either a stipulation of settlement, a stipulation of discontinuance, or a letter by the movant indicating that the motion is withdrawn. Indicate if the action is partially settled or discontinued by individually naming the settling parties. Parties must continue to electronically file discontinuances, with the appropriate fee.
The time for filing summary judgment motions after the Note of Issue in accordance with the Kings County Supreme Court Uniform Civil Term Rules.
This Court will not engage in ex-parte communication. All communication to the Court must be on notice to your adversary.
FORMS FOR MOTIONS
Short Form Order
Order Form Page 2
Consolidation Order
Joint Trial Order
Order Changing Venue
Default Judgment Order
SUBPOENAS
All subpoenas shall be approved by the subpoenaed records room located on the 6th floor, after which the approved subpoena shall be dropped off in the basket outside courtroom 365 for signature. Subpoenas will not be accepted electronically.
INFANT COMPROMISE ORDERS
Petitions for infant compromise orders must be filed through NYSCEF, together with a Stipulation of Discontinuance. Any supplemental submissions must be uploaded through NYSCEF as well. Hearings will be scheduled by chambers staff upon submission of all required documents. All parties must appear for a hearing unless their appearance was otherwise waived in writing.
Infant Compromise petitions must comply with CPLR §1208 and 22 NYCRR 202.67. The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults in appearances. The affirmation must include a detailed description of the incident and liability issues. Further, the submission shall include the infant’s medical reports, a physician affirmation, a settlement letter, an incident report (i.e., police report, school accident report…) and an affirmation of no liens.
If any portion of the settlement is structured, the cost of the annuity must be stated in the papers. An affidavit of consent from an infant fourteen (14) years or older must be included in the petition and filed with the Court.
If a compromise order was previously signed in the action, such order must be attached as an exhibit. 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.
All submissions must be separated by exhibit tabs.
FORMS FOR INFANT COMPROMISE PETITIONS
The Infant Compromise Order forms are provided for guidance purposes only.
Infant Compromise Order
Structured Infant Compromise Order With Bank Deposit
Structured Infant Compromise Order Without Bank Deposit
TRIALS
Once a trial is assigned to Part 9 and prior to trial, counsel are required to serve and submit the following:
Marked Pleadings and Bill of Particulars. Furnish to the Court marked pleadings and a copy of the Bill of Particulars pursuant to CPLR § 4012 and the Uniform Rules for Civil Supreme Court § 202.35.
Exhibits. Counsel must pre-mark all exhibits in the order in which they intend to introduce them at trial. 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 Part Clerk who will officially mark them before trial.
It is the responsibility of the attorneys to ensure that subpoenaed records have arrived in the Subpoenaed Record Room.
Witness list. Provide a list of potential witnesses in the order in which they intend to call them at trial, including expert witnesses, their C.V., and summary of expected trial testimony.
Requests to Charge. Provide proposed requests to charge, which may be adjusted if necessary.
Depositions. A copy of depositions intended to be used at trial.
Motions in Limine. 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.
Trials are scheduled to proceed day by day until completed.
Part Reminders
This Court will not engage in ex parte communications and will not entertain discovery issues. Formal application (OSC/motion) is required for judicial intervention, except as indicated above.