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Civil Term - Part Rules, Part 14, Courtroom 5001


Justice David Elliot
88-11 Sutphin Blvd.
Jamaica, NY 11435
Chambers Ph: (718) 298-1119
Courtroom Ph: (718) 298-1118

All inquiries as to case or calendar status are to be made to the appropriate clerk’s office.

IAS Motion Support Office (718) 298-1009
Ex-Parte Support Office (718) 298-1018

Preliminary Conference | Compliance Conference | Motion Practice | Trials | Settlements and Discontinuances

 

Preliminary Conferences

A preliminary conference shall be scheduled (1)automatically by the Court within 45 days after filing a Request for Judicial Intervention, pursuant to 22 NYCRR 202.12(b); or (2)upon filing a written Request for a Preliminary Conference with the Clerk’s Office, Room 140, in compliance with 22 NYCRR 202.12(a); or (3)an appropriate notice is filed in malpractice or certiorari cases pursuant to 22 NYCRR 202.56 and 202.60.

All preliminary conferences will be held on Wednesdays at 9:30 A.M. at the Preliminary Conference Part, Room 3002, of the courthouse, and they are presided over by the court-appointed referee, unless otherwise directed by the Court. 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 ordered. Any inquiry pertaining to preliminary conferences shall be made to the Preliminary Conference Part at (718

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Compliance Conference

Compliance conferences shall be held on the date scheduled in the Preliminary Conference Stipulation and Order. Conferences shall be held before Justice Ritholtz in Room 313.

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Motion Practice

Motions shall be made returnable in the Centralized Motion Part (CMP) and must comply with both the Part 14 Rules (which can be found below) and the CMP Rules. These motions are to be made returnable in the CMP at 2:15 P.M., Monday through Thursday, and 11:00 A.M. on Friday. All administrative issues (e.g., with respect to adjournments) shall be addressed to the CMP Part and not to Chambers. The CMP Rules can be found at the following link:

www.nycourts.gov/courts/11jd/supreme/civilterm/Centralized_
Motion_Part_Rules.pdf

Any questions regarding new motions should be directed to the CMP, telephone number 718-298-1728.

The specific rules governing Part 14 are as follows: No courtesy copies to chambers are required EXCEPT when papers are filed by e-filing (discussed below). All papers shall be securely fastened; all exhibits annexed to motion papers shall be preceded by numbered exhibit tabs, which shall protrude from the papers.

The Court will not consider papers sent to Chambers or the Part after submission.

At the Court’s discretion, any motion submitted in CMP may be set down for a conference and/or oral argument in Part 14. Any attorney appearing in Part 14 on a case for any purpose must be familiar with the case, ready and authorized to resolve any and all issues.

 

Motion Practice - E-Filing

When papers are filed by e-filing, courtesy copies (known as “working copies”) MUST be delivered to the CMP Part Clerk prior to the submission of the motion to the court for determination. Do not submit working copies to Chambers that have already been submitted to CMP. However, working copies of all ex parte applications (i.e., proposed Orders to Show Cause and supporting papers) MUST be submitted to Chambers. E-filed motions must also otherwise comply with 22 NYCRR 202.5-b.

 

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Trials

All counsel must submit to the court, prior to the commencement of trial, marked pleadings, a copy of the bill of particulars, a witness list, an exhibit list, proposed jury instructions and a proposed verdict sheet. Further, a party intending to use deposition transcripts must furnish a copy to the court.

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.

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

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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 filing with the County Clerk and payment of the appropriate fee. [CPLR § 8020(d)(1)].

All inquiries as to case or calendar status are to be made to the appropriate clerk’s office.

IAS Motion Support Office (718)298-1009
Ex-Parte Support Office (718)298-1018
Centralized Motion Part (718)298-1728

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