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Civil Term - Part Rules, Part 23, Courtroom 23


Justice Roger N. Rosengarten
88-11 Sutphin Blvd.
Jamaica, NY 11435
Chambers Phone: (718) 298-1097
Courtroom Phone: (718) 298-1094

Communications/Inquiries | Preliminary Conference | Compliance Conferences | Motion Practice | Trials | Interpreters

 

Communications/Inquiries

All telephone inquires concerning matters pending in IAS Part 23, Civil Term of the Supreme Court, County of Queens, Honorable Roger N. Rosengarten, shall be made to the Part at telephone number (718) 298-1094. Contact with chambers will not be made unless so directed after contacting the Part at the above listed telephone number. Counsel shall not fax any documents to chambers unless permission has been granted for same.

To confirm whether an ex-parte order has been processed and sent to chambers call the Ex-Parte Office (718) 298-1018.

To confirm whether an order, submitted pursuant to a memorandum decision of the court, or whether an order to show cause has been processed and sent to chambers call the Motion Support Office at (718) 298-1009.

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Preliminary Conference

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 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 11:30 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 the issuance of a preclusion or dismissal order. Any inquiry pertaining to preliminary conferences shall be made to the Preliminary Conference Part at (718) 298-1046.

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Compliance Conferences

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. Any inquiry pertaining to compliance conferences, including any question regarding a Note of Issue date given in the Compliance Conference Stipulation and Order, a request for conference or any other inquiries as to outstanding discovery made within 20 days of the filing of the Note of Issue, shall be made to Justice Ritholtz’s Part at (718) 298-1093.

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Motion Practice

CENTRALIZED MOTION PART (CMP) effective October 1, 2012: All applications noticed for or after October 1, 2012 must be made returnable before the CMP, to be heard Monday thru Thursday at 2:15 p.m. and on Friday at 11:00a.m. in Courtroom 25. Please refer to the CMP rules available at http://www.nycourts.gov/courts/11jd/supreme/civilterm/Centralized_Motion_Part_Rules.pdf

For questions regarding CMP motions, call (718) 298-1728; do not call the Chambers or Courtroom of Justice Rosengarten regarding CMP motions.

Applications made returnable prior to October 1, 2012 will remain with the assigned IAS Justice until resolution, to be called every Wednesday at 9:30 a.m. promptly with a second call will follow at 10:00 a.m. Any such motions relating to any phase of discovery and/or bill of particulars (including motions to preclude, strike pleadings, restore a case to the Trial Calendar or to vacate the Note of Issue) require personal appearances by counsel prepared to discuss and agree upon a discovery schedule. All motions to vacate a default judgment require personal appearance by all parties. Petitions to transfer structured settlement rights require the transferor to be present at the calendar call if scheduled in the IAS Part 23.

All other motions and applications may be submitted on papers only and use of calendar service is permitted for submissions. Oral argument will be entertained only in the court's discretion. Inquiries regarding adjournments may be made to the Part at telephone number (718) 298-1094.

Motions for Summary Judgment must be made within 60 days of the filing of the Note of Issue regardless of any dates set in the Preliminary Conference Order.

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Trials

All Counsel on cases sent to this Part for trial must be prepared to immediately select a jury or, if one is already selected, to proceed directly to trial. NO ADJOURNMENTS WILL BE GRANTED ABSENT EXTRAORDINARY CIRCUMSTANCES. Similarly, after a liability verdict in favor of the plaintiff, all counsel must be prepared to proceed immediately to the damages portion of the trial. All witnesses, including doctors and other experts, must be on call and available prior to opening statements on liability, so a meaningful trial schedule can be set. All counsel must submit to the Court, prior to the commencement of the trial, marked pleadings, including a copy of the bill of particulars a proposed witness list, typewritten requests to charge and a typewritten proposed verdict sheet. Further, prior to the commencement of the trial, counsel, with the assistance of the court reporter shall have, wherever possible, pre-marked exhibits and a copy of any deposition transcripts to be read at trial must be provided to the Court, or the party will be precluded from reading said testimony.

The Court does not require submission of the "boilerplate" jury charges (e.g., PJI 1:20, Introduction; 1:21. Review principles stated; 1:22, Falsus uno, etc.). Submission of only those charges unique to the case is necessary. If a proposed jury instruction is verbatim from the Pattern Jury Instructions, then only PJI citations are necessary. However, if a PJI instruction is to be modified, or if no PJI charge is available, then counsel must submit a typewritten request of the exact language proposed for the charge, together with any applicable authority. A copy of any case or other authority counsel intends to rely upon at trial, must be provided to the Court and opposing counsel. Departures or contentions to be submitted to the Jury in medical malpractice and other complex cases must be drafted in advance and submitted by counsel.

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Interpreters

Counsel are reminded that all requests for interpreters must be made to the Clerk of the Part or to Room 5005 at least 24 hours prior to their required services.

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