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Civil Term - Part Rules, Part 15, Courtroom 44


Justice Janice A. Taylor
88-11 Sutphin Blvd.
Jamaica, NY 11435
Chambers Ph: (718) 298-1194
Courtroom Ph: (718) 298-1035

Absent exigent circumstances, or an emergency, telephones calls will be entertained by chambers only on Mondays or Fridays from 10:00 am until 1:00 pm and 2:00 pm until 4:00 pm. No calls concerning pending matters will be entertained without all attorneys and pro se litigants on a conference call with chambers, other than for scheduling purposes. Letters which require action, or which have not been copied to all parties or their attorneys, if they have one, will not be entertained.

Preliminary Conference | Orders to Show Cause, Ex Parte Applications | Motion Procedure | Discovery-Related Motions | Appearances and Adjournments

 

Preliminary Conference

A Preliminary Conference will only take place (1) after written Request for a Preliminary Conference is filed with the Clerk's Office (Room 140) in compliance with Uniform 202.12(a) (or an appropriate notice is filed in malpractice, or certiorari case pursuant to Uniform Rules §202.56, §202.16 and §202.60), or (2) upon a specific directive by Justice JANICE A. TAYLOR. Preliminary conferences in Justice Taylor's cases will be held on Tuesdays before a court appointed referee in the P.C. Part.

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Orders to Show Cause, Ex Parte Applications

Orders to Show Cause must comply with Uniform Rule 202.7(d) and be brought to the Ex- Part Support Office (Room 140) prior to Judicial review, signature and fixing of a return date. A correct fax number must be listed on the moving papers. Following review and signature or denial by the Justice, a notice to that effect will be faxed to the petitioner or movant. A personal appearance is required for all Orders to Show Cause containing a TRO. Proof of service of Orders to Show Cause and Ex Parte Applications must be submitted on the initial return date set by the Court, and no adjournments for that purpose will be granted.

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Motion Procedure

Justice Taylor's regular motion day is TUESDAY. The first call of the calendar is at 9:30 A.M. sharp. The second call is at 10:00 A.M.

Unless otherwise directed by the Justice presiding, all motions shall be made returnable in the Part 15, Courtroom 44 on the above-specified day and time of the week and be subject to the following procedures.

Moving papers, with an affidavit of good faith where required by Uniform Rule 202.7, shall be filed in the IAS Motion Support Office (Room 140) at least five business days prior to the scheduled return date in order to be placed on the Part motion calendar for that day. Do not send, hand-deliver, mail or overnight moving papers to chambers. Motions may be withdrawn, without prejudice, by the moving party, with or without consent, at any time.

Answering papers will be accepted only during the two calendar calls on the return date in Courtroom 44. Do not mail or forward opposition, answering or responsive papers to Chambers. "Supplemental" affirmations,"further" affirmations, "sur-reply" affirmations and "amended" applications will not be accepted or considered. Cross-motions must be timely filed pursuant to the C.P.L.R. along with proof of payment of the statutory motion fee in order to be accepted and considered. Cross-motions will be considered responsive in nature. Motions marked "final" will be taken on submission on the "final" return date with all papers which have been received by that date, without further adjournment. No papers will be accepted by chambers or considered by the Court after the motion is marked "submitted" at the calendar call on the return date, unless all parties so stipulate either in writing or by telephone conference.

The motion will be heard for all purposes in the Part on the return date. On that date, the motion will be submitted, adjourned (see below), or conferenced by the Justice, or her designee, or otherwise treated pursuant to the discretion of the Justice. (Ruling on applications will also be made at this time.) Courtesy copies of moving and answering papers need not be provided.

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Discovery-Related Motions

(All motions related to discovery, including, but not limited to, motions to compel discovery [C.P.L.R. §3124], punish for failure to disclose [C.P.L.R. §3126], strike actions from the calendar for want of discovery or for a protective order [C.P.L.R. §3103])

A mandatory appearance on discovery-related motions is required by all parties knowledgeable about the case and fully authorized to settle or enter into binding stipulations. Discovery-related motions will be dismissed for no appearance by the movant, and responsive papers stricken for lack of appearance by the opposing party. Answering papers and consent adjournments will not be accepted from calendar service in lieu of a personal appearance by counsel. The Court strongly encourages parties to resolve discovery-related motions by stipulation, which will then be "so-ordered" by the Court. Unresolved discovery-related motions will be conferenced by the Justice, or her designee, at the completion of the second call of the calendar

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Appearances and Adjournments

All other motions, other than discovery-relation motions (see above), will be SUBMITTED for determination, and appearance by counsel or a pro-se litigant is not required. Service will be permitted to answer the calendar on all non-discovery related motions solely for the purpose of submitting papers. Oral argument will be entertained on Orders to Show Cause containing a TRO, and in other extraordinary circumstances, at the discretion of the Justice. Requests for oral argument must be made by stating "Oral Argument Requested" in bold caps above the words "Notice of Motion" in the moving papers.

Consent adjournments will be upon submission of a stipulation, dated, and personally signed by the attorneys for all parties (print attorney's name below signature). The stipulation should state that the matter is being adjourned "to a date convenient to the Court", and faxed to chambers (718) 298-1128 no later than 5:00 P.M. on the day prior to the return date. The Court will choose the adjourned date for all adjournments, and cannot honor dates chosen by the parties due to scheduling constraints. If the adjournment is not on consent, it must be on application to the Court on the return date - NO ADJOURNMENTS, NOT ON CONSENT, SHALL BE PERMITTED ON ANY MOTION IN AN ACTION UNLESS DIRECTED BY THE JUSTICE AFTER PERSONAL APPEARANCE AND APPLICATION MADE BY COUNSEL.

Except for threshold motions pursuant to Insurance Law §5102, in no event shall more than TWO (2) adjournments be granted on motions, neither of which shall be for a period of more than 21 days. Threshold motions pursuant to Insurance Law §5102 shall be allowed no more than THREE (3) adjournments for a total of six weeks to allow ALL necessary moving papers, cross-motions, opposition papers, and replies to be submitted.

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