Richmond Supreme Court Forclosure Part Rules

Please do not communicate with chambers by any means concerning motions, adjournments, calendar calls and scheduling. All requests regarding these matters are to be directed to the Part Clerks at [email protected].
Requests for adjournment of a calendared motion must be made upon consent of all parties by written stipulation e-filed and e-mailed 48 hours in advance and state the reason for the request and whether a previous adjournment has been requested. If all parties do not consent, and there exists a valid reason for adjournment, a request may be e-filed and e-mailed with all parties included setting forth the reason for the request and the objection to same. No phone calls will be accepted. The stipulation must be e-filed and e-mailed to the Part Clerk at [email protected]. Adjournments of a motion by stipulation received less than 48 hours in advance may be rejected. Adjournments should not be considered granted until the parties receive confirmation that they have been granted.
Adjournments are only granted after express approval from the court.
No ex parte communications will be entertained under any circumstances. It is not necessary to copy the Court on letters and documents exchanged between counsel. Such communications will not be reviewed.
Do not contact the Part Clerk for status updates or to ask whether a decision has been issued if the motion was decided within 30 days. All decisions and orders are scanned and available online via nycourts.gov or NYSCEF.

APPEARANCES

If you have a question about an appearance please check E-courts at WebCivil Supreme (state.ny.us) or NYSCEF NYSCEF Home (state.ny.us) before contacting the court/part.
Appearances by attorneys and litigants for general proceedings regarding conferences, and motions will take place remotely via the Microsoft Teams link provided above, unless an in-person appearance is directed by the judge.

RESIDENTIAL FORECLOSURE PART (RFP)

All motions involving RFP shall be made returnable on a Wednesday and shall be heard on Wednesdays at 9:30 AM.
If a motion is filed on a matter that has a future scheduled conference date, said conference will be adjourned or advanced to match the motion date.

FORECLOSURE CONFERENCE PART (FCP)

The FCP handles all mandatory settlement conferences pursuant to CPLR 3408 and related proceedings, including but not limited to “good faith” hearings whose basis arises while a case is pending in the FCP.
CPLR 3408 1^st time Settlement Conferences are scheduled on the first Tuesday of every month and will be held virtually unless otherwise specified by the Court. Links for the respective parts are listed above.
Settlement conferences are conducted virtually by Court Attorney-Referees.
At the conference, parties must be prepared to discuss the status of the cases and have full settlement authority.
Requests for adjournments and scheduling of a calendared FCP conference must be made in accordance with the adjournment request procedures stated above.
Defendant(s) are strongly encouraged to seek assistance from a housing counseling agency and/or legal representation prior to attending the settlement conference. To the extent possible, a housing counselor may be available at the conference for consultation.

MOTION PRACTICE

Motion papers, answering affidavits and reply affidavits must be served on adversaries as per CPLR Section 2214.
No documents filed less than 48 hours in advance of the motion date will be considered by this court.
All motion papers must be filed in a PDF format.
Pursuant to CPLR 3408(n) and Uniform Rule 202.12-a(c)(7), no motions concerning the underlying residential foreclosure action may be filed with the RJI or while an action is pending in the FCP. Motions filed in violation of this rule will be rejected or denied without prejudice while the action is pending in the FCP.
If an issue arises during FCP proceedings relating to compliance with CPLR 3408, Uniform Rule 202 or these rules, including an alleged lack of good faith, either party may apply to the assigned Court Attorney-Referee for further proceedings (see CPLR 3408[n]).
All filed motions shall have, annexed to them, a proposed order deciding the motion submitted for the court’s consideration. The Court may direct the prevailing party to submit a new proposed order by uploading the same to the e-filing system if the annexed proposed order does not adequately reflect the Court’s ruling within seven days of the ruling on the motion on notice to all other parties.
All Orders must comply with CPLR requirements.
Regarding any requests for changes, corrections, amendments of prior orders, movant must file an amended order directly with the Richmond Supreme Clerks’ Office via NYSCEF.

ORDERS TO SHOW CAUSE

Any Orders to Show Cause seeking temporary relief must comply with the Uniform Civil Rules for Supreme and County Courts section 202.7(f);

[u]pon application for an order to show cause or motion for a preliminary injunction

seeking a temporary restraining order, the application shall contain, in addition to other information requested by this section, an affirmation demonstrating there will be significant prejudice to the party seeking the restraining order by the giving of notice. In the absence of a showing of significant prejudice, the affirmation must demonstrate that a good faith effort has been made to notify the party against whom the temporary restraining order is sought of the time and place that the application will be made in a manner sufficient to permit the party an opportunity to appear in response to the application. This subdivision shall not be applicable to orders to show cause or motions in special proceedings brought under Article 7 of the Real Property Actions and Proceedings Law.

STAYS

Whether a matter is in the FCP, RFP, IAS5, or the Auction Part, parties are to provide the court with written notice, along with any corresponding documentation regarding the lifting of stays on a matter.

TRIALS

Marked Pleadings. Prior to trial, counsel shall furnish marked pleadings pursuant to CPLR §4012.
Exhibits. Counsel shall pre-mark all exhibits in the order which they intend to introduce them at 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 reporter who will officially mark them before trial.
Witnesses. Prior to trial, counsel shall provide to the Court, a list of potential witnesses.
Motions in Limine. Any motions in limine shall be made as soon as possible by oral application to the Judge, and shall be accompanied by a succinct written brief.
Depositions. A copy of depositions intended to be used at trial shall be furnished to the Court at the commencement of trial.
Proposed Jury Charges and Verdict Sheets. All proposed jury charges and proposed verdict sheets shall be submitted to the Court at the pre-trial conference.

THESE RULES ARE SUBJECT TO REVISION OR MODIFICATION BY THE COURT.