Kings County Supreme Court, Civil Term Uniform Rules - Commercial Division

Commercial Division Rules

The Judges of the Civil Term Supreme Court, in order to promote the efficient and impartial administration of justice, hereby adopt the following common and uniform rules. These Rules are arranged by subject matter. Rules pertaining to Matrimonial, Commercial, and Foreclosure Parts are incorporated herein via hyperlink. Where rules in such parts differ from general rules, specialized rules shall govern. Room changes may be made upon appropriate notice. 
Uniform Rules - Papers & Motions
Uniform Rules - Discovery Part Rules
Uniform Rules - Foreclosure
Uniform Rules - Matrimonial
Uniform Rules - Condemnation Part Rules

General

1. The following rules are intended to supplement the Statewide Standards and Rules for the Commercial Division (Uniform Rule § 202.70), which are applicable in Kings County. Counsel are expected to comply with all Statewide Rules as well as those promulgated herein.
2. The monetary threshold for cases in Kings County Commercial Division has been raised from $50,000.00 to $75,000.00.
3. Any party requesting a preliminary conference must annex a copy of the pleadings to the RJI when the request is filed with the Court.
4. Other than as expressly provided in the Rules of the Commercial Division or upon instruction of the Court, the Court will not accept or entertain letter applications for substantive relief. Unless directed by the Court, no communications are to be FAXED to chambers other than Stipulations of Adjournment in compliance with these rules, PC Orders prepared in conformity with Rule 7, or disclosure-related communications pursuant to Rule 18.
5. Courtesy copies should not be provided unless the Court so directs.

Conferences

6. Preliminary Conferences. All preliminary and compliance conferences will be held on Wednesdays beginning at 9:45 AM unless otherwise directed by the Court. The conference calendar will be called after the first call of the motion calendar.
7. Online Preliminary Conference Orders. Preliminary Conference Orders may be entered on consent of the Court and all parties by printing and filling out the Preliminary Conference Form posted on the Kings County Commercial Division website. Following a conference call with the Court, the PC order, executed by all parties, must be faxed to Chambers two (2) business days prior to the date scheduled for the PC conference. Failure to timely comply with the procedural constraints herein will require an appearance on the scheduled date.
8. Prior to appearing for a preliminary conference, counsel should confer with clients so that schedules can be set for discovery.
9. Adjournment of Preliminary Conference. Adjournment of a preliminary conference may be requested by submission of a written stipulation at least two (2) business days prior to the scheduled date. Stipulations must be accompanied by a cover letter explaining the reason for the adjournment. The adjournment of a conference is at the discretion of the Court and may be permitted for good cause shown. No preliminary conference shall be adjourned more than once or for more than thirty (30) days. Fax numbers for all counsel must be provided in the cover letter or the stipulation. Any request for further adjournments will be entertained only under the most compelling circumstances and must be made via a telephone conference call with the Court in which all parties participate.
10. Adjournments of any other conferences are permitted for good cause with the approval of the Court on written stipulation of all parties submitted at least two (2) business days prior to the scheduled date of the conference. Stipulations may be faxed to the Judge’s chambers. Fax numbers may be found on the Kings County Commercial Division website under the Judges’ Part and Chambers Information.

Motions

11. The Court will entertain motions, as scheduled in the New York Law Journal and on E-Courts, on Wednesdays unless otherwise directed by the Court. Information on future court appearances is available on eCourts. All motions require appearances and oral argument. All responsive papers must be filed with the Motion Support Office or the Clerk of the Part at least two (2) business days before the scheduled date of the motion.
12. The first call of the motion calendar will be at 9:45 AM. The second and final call will be held at 10:15 AM.
13. An appearance by an attorney with knowledge of the case and authority to bind the party is required on all motions and conferences.
14. The argument of a dispositive motion, the Court will determine whether discovery shall proceed pending decision. As a general rule, discovery is not stayed by the filing of a dispositive motion.
15. Motions for Summary Judgement. All summary judgment motions shall be accompanied by a Statement of Material Facts as set forth in the Uniform Rules, §202.70(g), Rule 19-a.
16. Following argument and reservation of decision by the Court, no supplemental submissions will be accepted by letter or otherwise unless expressly authorized in advance. Uniform Rules, §202.70(g), Rule 18.
17. Adjournment of Motions. Dispositive motions (made pursuant to CPLR 3211, 3212 or 3213) may be adjourned only with the Court’s consent. Non-dispositive motions may be adjourned by written stipulation no more than three times for a total of no more than sixty (60) days unless otherwise directed by the Court. Adjournments must be obtained at least two (2) business days in advance of the return date except in the case of an emergency. Stipulations must be accompanied by a cover letter explaining the reason for the adjournment. Fax numbers for all counsel must be provided in the cover letter or the stipulation.
18. Disclosure Disputes. Parties must comply with the Uniform Rules, §202.70(g), Rule 14, regarding consultation among counsel prior to contacting the Court. If counsel are unable to resolve a dispute, the party seeking Court intervention shall send a letter to the Court, of no more than two (2) pages, upon notice to all parties, describing the problem and the relief requested. Such letter may be answered within eight (8) days by letter of no more than two (2) pages, also on notice to all parties. The party requesting relief shall then contact Chambers to arrange a conference (preferably by telephone) to resolve such dispute. If no effort is made by counsel to schedule such conference, the Court will infer that the matter has been resolved and will take no action. The Court may order that a motion be made but no discovery motion will be entertained without prior compliance with this rule.
19. The Kings County Commercial Division will strictly enforce Uniform Rules, §202.70(g), Rules 6 and 17 relating to the form and length of papers submitted to the Court. Unless the Court has authorized a longer brief in advance, counsel is advised that briefs and affidavits in excess of 25 and 15 pages as specified in the rules may be rejected.