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Civil Term - Part Rules, Part 10, Courtroom 48


Justice Kevin J. Kerrigan
88-11 Sutphin Blvd.
Jamaica, NY 11435
Chambers Ph: (718) 298-0013
Courtroom Ph: (718) 298-1213

Preliminary Conferences | Compliance Conference | Trials | Settlements and Discontinuances | Motion Practice | Motion Papers and Ex-Parte Applications | Electronic Filing | Health and Hospital Corporation matters

 

Conference & Trial Rules under the Early Intervention Program for Medical Malpractice Cases in which NYC Health & Hospitals Corp. is a Defendant – Part 10

At All Conferences: Appearance of Counsel for the respective parties is MANDATORY. No telephone conferences will be conducted, and no telephone calls, letters or faxes to chambers will be accepted at any time unless requested by the Court. Counsel must be fully familiar with the file and have authority to discuss settlement, trial scheduling and any outstanding pre-trial procedural matters including CPLR 3101(d) matters and to make binding stipulations and commitments. All cases shall be conferenced by the Court. At the conference the Court shall also consider the items set forth in 22 NYCRR 202.26(c). Parties shall comply fully with the requirements of 22 NYCRR 202.26(e).

 

Preliminary Conferences

A preliminary conference shall be scheduled automatically by the Court within 45 days after filing a Request for Judicial Intervention, pursuant to 22 NYCRR 202.12(b).

All preliminary conferences shall be scheduled for Part 10PC for Wednesdays at 11:30 am in the centralized Preliminary Conference Part, Room 3002. Failure to appear at the scheduled preliminary conference may result in discovery being ordered ex-parte or any other appropriate sanction including preclusion or dismissal.

THERE WILL BE NO ADJOURNMENTS OF PRELIMINARY CONFERENCES FOR ANY REASON.

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Compliance Conference

Compliance conferences will be held on the date scheduled in the Preliminary Conference Order. Compliance conferences are held on THE SECOND WEDNESDAY OF EACH MONTH at 9:30 a.m. in Courtroom 63 of this courthouse. The parties shall bring a copy of the Preliminary Conference Order to the compliance conference.

Failure of Counsel to appear at the conference shall result in the Court taking the appropriate action against the non-appearing side, applying such penalties or sanctions as are authorized by the CPLR and Rules of the Chief Administrative Judge.

THERE WILL BE NO ADJOURNMENTS OF COMPLIANCE CONFERENCES FOR ANY REASON.

In accordance with 22 NYCRR 202.19(b)(3), the purpose of the Compliance Conference is to monitor the progress of discovery, explore potential settlement and set a deadline for the filing of the Note of Issue. Consequently, Counsel attending the Conference must be fully familiar with the case, the status of disclosure proceedings, and any settlement negotiations. Counsel MUST be prepared and authorized to enter into binding stipulations regarding both disclosure and potential settlement of the case. Counsel appearing for the Conference MUST bring the Bill of Particulars and copies of all previous orders in the case, including the Preliminary Conference Order. Counsel for Plaintiff MUST bring proof of plaintiff's injuries, including all medical reports and all medical and hospital records. In order to aid in settlement negotiations, counsel for Plaintiff MUST be prepared to make a good-faith demand to settle the case, and likewise defense counsel MUST be prepared to make a good-faith offer or indicate why the case is a "no-pay" case.

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Trials

All counsel must submit to the court, prior to the commencement of trial, marked pleadings, copy of the bill of particulars, a witness list, proposed jury instructions and a proposed verdict sheet.

Motions in Limine - On the first appearance in the Part for trial, any party intending to make a motion in limine shall submit a brief written affirmation setting forth the nature of the application and any supporting statutory or case law. The party shall furnish the court with an original and one copy and provide counsel for all parties with a copy.
The trial will be conducted on a continual daily basis until conclusion.

No adjournments or delays during trial will be accepted unless exigent circumstances arise.

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Settlements and Discontinuances

If an action is settled, discontinued or otherwise disposed of, counsel shall immediately inform the court by submission of a copy of the stipulation or a letter directed to the Clerk of the Part. All Stipulations of discontinuances must be accompanied by proof of payment for the appropriate fee. (CPLR §8020(d)(1)).

Any inquiry pertaining to a preliminary conference shall be made to the Preliminary Conference Part at 718-298-1046.

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Motion Practice

The motion calendar will be called every Tuesday at 9:30 a.m. promptly. A second calendar call will follow shortly thereafter. Motions that appear on the Part 10 Motion calendar will only be those which were made returnable in Part 10 prior to October 1, 2012 and have been adjourned in the Part.

Appearance of counsel and pro se litigants is mandatory on all motions. Mandatory appearance is required by counsel with knowledge of the case and with full authority to settle or enter into binding stipulations on the return date.
On the return date, motions will be conferenced and/or orally argued at the discretion of the court.

Do not call Part 10 or Chambers for adjournments as NO ADJOURNMENTS WILL BE GRANTED BY TELEPHONE.
Motions may be adjourned on consent provided a written stipulation of counsel is submitted to the Court prior to the return or adjourn date. All stipulations must contain the signature of the attorney consenting to the adjournment. A form which contains only the name of the firm on the stipulation will not be accepted. Stipulations must also contain a schedule for exchange of opposition and reply papers occurring prior to the adjourn date. Stipulations may be submitted by calendar service or non-attorneys.
If consent for an adjournment cannot be obtained, an application must be made to Justice Kerrigan by counsel on the return date. Calendar service or non-attorneys will not be permitted to make applications for adjournments.

Under normal circumstances, no motion will be adjourned more than twice. Motions relating to discovery may be adjourned only once.

Answering and reply papers will be accepted only on the return date in the Part. The Court will not consider papers sent to Chambers or the Part after submission. Papers will not be accepted from calendar service if a personal appearance by counsel is required. Courtesy copies of papers are NOT required.

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Motion Papers and Ex-Parte Applications

All motions and ex-parte applications submitted shall be in compliance with Uniform Rule §202.5. In addition to these requirements, all pages and paragraphs must be numbered. All exhibits are to be proceeded by a numbered exhibit tab which protrudes from the stack of papers. All submissions are to be securely fastened so as to prevent the papers from being lost. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT IN REJECTION OF THE OFFENDING SUBMISSION.

Centralized Motion Part (CMP)
Motions noticed after October 1, 2012, shall be made returnable in the Centralized Motion Part (CMP), in the Jamaica Courthouse, 88-11 Sutphin Boulevard, Jamaica, NY 11435 - Courtroom 25 Monday - Thursday at 2:15 p.m. and Friday at 11:00 a.m.

Any communication regarding a motion in CMP must be made with that part(718-298-1728). Do not call Part 10 or Chambers for any reason. Counsel and litigants must follow the Centralized Motion Part Rules for any CMP motion.

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Electronic Filing of Legal Papers

Parties interested in electronic filing should read materials set forth at www.nycourts.gov/efile and the Uniform Rules for Trial Courts §202.5-b.

Where motion/responsive papers, including exhibits and memoranda of law, are filed by electronic means pursuant to Uniform rule §202.5-b, courtesy hard copies of such papers shall be submitted to the Court on the return/adjourned date of the motion. No motion/responsive papers shall be considered unless courtesy hard copies are submitted to the Court on the return/adjourned date of the motion. Each submitted hard copy shall bear a conspicuous notice on the first page thereof that the document has been filed electronically (Uniform rule §202.5-b[d][4]).

The Court’s rules concerning motion papers shall apply to courtesy hard copies submitted to the Court. Appearance of counsel is mandatory on all e-filed motions. All other motion practice rules of this part, as well as all rules regarding motion papers and ex-parte applications are applicable to e-filed motions.

Any order, judgment or stipulation that requires the judge’s signature shall be submitted in hard copy to the court.


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Conference & Trial Rules under the Early Intervention Program for Medical Malpractice Cases in which NYC Health & Hospitals Corp. is a Defendant

At All Conferences: Appearance of Counsel for the respective parties is MANDATORY. No telephone conferences will be conducted, and no telephone calls, letters or faxes to chambers will be accepted at any time unless requested by the Court. Counsel must be fully familiar with the file and have authority to discuss settlement, trial scheduling and any outstanding pre-trial procedural matters including CPLR 3101(d) matters and to make binding stipulations and commitments. All cases shall be conferenced by the Court. At the conference the Court shall also consider the items set forth in 22 NYCRR 202.26(c). Parties shall comply fully with the requirements of 22 NYCRR 202.26(e).

Preliminary Conferences (Part 10MDPC)

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A preliminary conference shall be scheduled automatically by the Court within 45 days after filing a Request for Judicial Intervention, pursuant to 22 NYCRR 202.12(b).

All preliminary conferences will be held on THE SECOND TUESDAY OF EACH MONTH at 9:30 a.m. in Courtroom 63 of this courthouse. Failure to appear at the scheduled preliminary conference may result in discovery being ordered ex-parte or any other appropriate sanction including preclusion or dismissal.

THERE WILL BE NO ADJOURNMENTS OF PRELIMINARY CONFERENCES FOR ANY REASON.

Compliance Conferences (Part 10MDC)

Compliance conferences will be held on the date scheduled in the Preliminary Conference Order. Compliance conferences are held on THE SECOND WEDNESDAY OF EACH MONTH at 9:30 a.m. in Courtroom 63 of this courthouse.

Failure of Counsel to appear at the conference shall result in the Court taking the appropriate action against the non-appearing side, applying such penalties or sanctions as are authorized by the CPLR and Rules of the Chief Administrative Judge.

THERE WILL BE NO ADJOURNMENTS OF COMPLIANCE CONFERENCES FOR ANY REASON.

In accordance with 22 NYCRR 202.19(b)(3), the purpose of the Compliance Conference is to monitor the progress of discovery, explore potential settlement and set a deadline for the filing of the Note of Issue. Consequently, Counsel attending the Conference must be fully familiar with the case, the status of disclosure proceedings, and any settlement negotiations. Counsel MUST be prepared and authorized to enter into binding stipulations regarding both disclosure and potential settlement of the case. Counsel appearing for the Conference MUST bring the Bill of Particulars and copies of all previous orders in the case, including the Preliminary Conference Order. Counsel for Plaintiff MUST bring proof of plaintiff's injuries, including all medical reports and all medical and hospital records. In order to aid in settlement negotiations, counsel for Plaintiff MUST be prepared to make a good-faith demand to settle the case, and likewise defense counsel MUST be prepared to make a good-faith offer or indicate why the case is a "no-pay" case.

Note of Issue Calendar (Part 10NID)

The Note of Issue calendar shall be scheduled for THE SECOND THURSDAY OF EACH MONTH in Courtroom 63 of this courthouse at 9:30 a.m.

Upon filing the note of issue, plaintiff’s counsel MUST, ON THE DATE the note of issue is filed, personally deliver to the Clerk of Part 10, in Courtroom 63, a copy of the note of issue.

IF A NOTE OF ISSUE IS NOT FILED BY THE DATE SET FORTH IN THE PRELIMINARY CONFERENCE/COMPLIANCE CONFERENCE ORDER, THE CASE WILL BE DISMISSED. If a case is dismissed for failure of plaintiff to file a note of issue, the dismissal may be vacated and the case restored to the calendar by stipulation of counsel for all parties, so-ordered by this Court. The stipulation must contain the original signatures of counsel for all parties. No fax or photocopy signatures will be accepted. Should any party not consent to the vacatur of the default and the restoration of the case to the calendar, vacatur and restoration may only be sought by way of motion practice, wherein plaintiff must set forth a reasonable excuse for the failure to file a note of issue and a meritorious cause of action.


Pre-Trial Conferences and Trial Conferences (Parts 10MDPT & 10MDT)

Pre-Trial conferences and Trial conferences are held on THE THIRD THURSDAY OF EACH MONTH at 9:30 a.m. In order to provide for a meaningful settlement discussion at the initial conference, counsel for plaintiff, at the time of service of the Note of Issue, shall notify the defendant of the anticipated date of the conference (approximately one month post-note) and that at least two weeks prior to the initial conference the defense shall be required to indicate to plaintiff’s attorney whether or not the defense has an interest in entering into settlement discussions. Any internal consultations required to make such a decision shall be held a sufficient time prior to the conference for a decision to be made at least two weeks prior to the conference. At least two weeks prior to the calendar date for the conference, plaintiff’s counsel shall initiate a telephone conference with defense counsel. Unless defense counsel states that the case has been marked “no pay”, plaintiff’s counsel shall convey a settlement demand at that time. Defense counsel shall discuss this demand with the Comptroller’s Office prior to the calendar date. The Comptroller’s representative shall either be present at the conference or available for immediate telephone consultation. If plaintiff is represented by trial counsel without full settlement authority, the attorney of record shall be present or available for immediate telephone consultation. At the conference, plaintiff’s counsel shall provide the Court with a courtesy copy of the "Notice of Medical, Dental and Podiatric Malpractice Action" previously served pursuant to 22 NYCRR 202.56 and copies of Preliminary Conference and Compliance Conference orders.

Note: All HHC Medical Malpractice cases in which the RJI was filed prior to October 1, 2012 will remain assigned to Justice Peter J. O’Donoghue, Part 13, until assigned for trial. The Part Rules issued by Justice O’Donoghue shall govern those cases.

 

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