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Civil Term - Part Rules, Part 35, Courtroom 106


Justice Timothy J. Dufficy
25-10 Court Square
Long Island City, NY 11101
Chambers Ph: (718) 298-1785
Courtroom Ph: (718) 298-1247
Fax: 718-520-7395
Law Secretary: Nelson E. Timken
Secretary: Lori B. Rodman

Motions | Preliminary Conference | Compliance Conference | Infant's Compromise Orders | Uncontested Matrimonials | Settlements and Discontinuances | Trials | Inquiries/Communications



GENERAL

Counsel is advised to read all of Part 35's Rules and the Centralized Motion Part (CMP) Rules (nycourts.gov) instead of calling Chambers.

Letters or faxes will not be accepted unless you are advising of settlements.

Chambers does not provide telephone rulings or accept any discovery conference calls.

DO NOT CALL CHAMBERS for any adjournments on Motions, Preliminary Conferences or Compliance Conferences. See Below

DO NOT CALL CHAMBERS for copies of orders, judgments or decisions. For copies, go to the Queens County Clerk’s Office at 88-11 Sutphin Boulevard.


Motions

Part 35 CALENDAR

All Motions are made returnable in the Centralized Motion Part.

There ARE NO MOTION CALENDARS IN PART 35.


See Centralized Motion Part below.

CENTRALIZED MOTION PART (CMP) CALENDAR

Call CMP (not Chambers) with any questions concerning motions, INCLUDING all motion adjournments. CMP: 718 298 1728

Motion schedules are set by CMP. Part 35 will not extend motion schedules set by CMP.

Part 35 abides by all CMP Rulings on motions. Part 35 will not accept any papers that were not submitted or were rejected in CMP or vacate defaults in timely submitted papers to CMP.

All Motions shall be made returnable, Monday through Friday, in the Centralized Motion Part (CMP), in the Jamaica Courthouse, located at 88-11 Sutphin Blvd. - Courtroom 25: Monday through Thursday: at 2:15 p.m. Fridays: at 11:00 a.m.

Please refer to the Centralized Motion Part Rules, located at: www.nycourts.gov/courts/11jd/supreme/civilterm/Centralized_Motion_Part_Rules.pdf

 

MOTION PRACTICE - E-FILING OF LEGAL PAPERS

Motions/Responsive Papers: Working copies* of all e-filed papers MUST be submitted to the Centralized Motion Part (CMP) - PRIOR to submission of the motion.

Proposed Order To Show Cause, Ex Parte application, or any Order, Judgment or Stipulation: Working copies MUST be submitted to the Court in Room 140.

Supporting Papers to Orders To Show Cause, including attachments: Working copies MUST be submitted to Part 35, immediately upon filing the Order To Show Cause.

*Working Copies shall mean a hard copy that is an exact copy of a document that has been electronically filed.

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Preliminary Conference

DO NOT CALL CHAMBERS. Inquiries shall be made directly to the Preliminary Conference Part at (718) 298-1046.

All Preliminary Conferences are held in Room 3002, on TUESDAYS at 9:30 a.m, and are presided over by the court-appointed Referee, unless otherwise directed by the court.

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.

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Compliance Conference

DO NOT CALL CHAMBERS. Inquiries shall be made directly to the Compliance Conference e Part at (718) 298-1093.

All 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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Settlements and Discontinuances

Notify Chambers if an action is settled, discontinued or otherwise disposed of, by submission of a letter. Stipulations of Discontinuance must be accompanied by proof of payment for the appropriate fee. CPLR 8020(d)(1).

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Infant's Compromise Orders

Contact the Clerk of Part 35 Clerk for the Checklist of Requirements for Infant’s Compromise Orders.

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Uncontested Matrimonials

Corrections to uncontested matrimonial papers in response to either a Notice of Defect/or Order/Memorandum of this Court must be submitted directly to Chambers

Corrections to a rejected set of uncontested matrimonial papers rejected by the Matrimonial Clerk must be submitted to Room 140.

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Trials

RULES FOR TRIAL COUNSEL

Prior To Trial

At the first meeting with the Court, Counsel for both parties MUST provide the following
:

1. MARKED PLEADINGS & STATUTORY AUTHORITY

Plaintiff’s counsel must provide marked pleadings, a copy of any statutory provisions relied upon by either the plaintiff or defendant, and the Bill(s) of Particulars;

2. EBT TRANSCRIPTS

The attorneys must provide EBT Transcripts if any part of a deposition is to be read into evidence. No pdfs or files requiring printing will be accepted.

3. LIST OF LAY AND EXPERT WITNESSES

Both defendant and plaintiff counsel must provide a TYPED list of Lay and Expert Witnesses, along with the field of expertise of the experts, and a copy of the expert's report.

4. MOTIONS IN LIMINE AND TRIAL MEMORANDA

Motions in Limine and trial memoranda must be submitted to the Court and copied to opposing counsel the day prior to the day of trial when the ruling is sought. Oral requests and late requests will not be entertained and will be deemed waived.

5. NEED FOR INTERPRETERS

The attorney(s) must advise the Court of the need for an interpreter for any non-English speaking party or witness.

6. JURY CHARGE & VERDICT SHEET

Counsel must submit written charge requests containing number (ex. 1:20, 1:21) and caption only on paper or by email to court attorney Nelson Timken-ntimken@nycourts.gov. All requests must be narrowly tailored to fit the specific facts of the case. Jury charges will generally be delivered as written in the Pattern Jury Instructions (PJI) without changes. Statutory sections and local regulations must be provided by statute, section, subsection, rule and regulation.

7. SPECIAL COURTROOM NEEDS

Advise the Court of any special needs, e.g. an easel, blackboard, shadow box, television, subpoenaed materials, etc.

8. PRE-MARKED EXHIBITS

All trial exhibits should be pre-marked for identification, and copies of a list of exhibits must be given to the Court before the trial actually begins. Failure to comply with this rule may result in sanctions, including preclusion.





PRE TRIAL CONFERENCE
.


1. Attendance by Insurance Carriers: A representative of the insurance carrier or any other stakeholder must participate in the conference in person or by telephone.

2. Counsel must have authority: to settle the matter, waive undisputed issues (eg. liability), stipulate to undisputed facts and stipulate to the admissibility of evidence.

3. Witness Availability and Scheduling: Counsel must have witnesses available or on telephone standby. Prior to jury selection, counsel is cautioned to ascertain the availability of all witnesses and subpoenaed documents. Counsel must be able to discuss scheduling, number of anticipated witnesses and duration of trial.

4. Anticipated issues of Law: Counsel must advise the Court of anticipated disputed issues of law and fact.

5. Subpoenaed Records: Counsel must alert the Part Clerk and Court Officer of the need to retrieve subpoenaed records. Copies of subpoenaed records should be provided to opposing counsel and the Court.

6. Records Requiring Redaction: Each party shall alert the Court and provide proposed redactions prior to seeking admission. The Court shall rule on each side’s proposed redactions. back to top



At Trial

1. Counsel must appear on time: At the start of each day on trial, check in with the Part Clerk.

2. Trial Objections and Arguments: Always stand for objections, keep objections brief- no more than 3 words (ex “hearsay,” “bolstering,” “leading” ). If you believe further argument is required, ask permission to approach the bench.

3. Courtroom Comments and Demeanor: Civility is a must. Obnoxious or obstructive behavior will not be tolerated.

4. Use of Proposed Exhibits: Do not show anything, including an exhibit or proposed exhibit to a witness without first showing it to opposing counsel.

5. Examination of Witnesses: Do not approach a witness without permission of the Court. Allow the witness to complete his/her answer, and do not interrupt the witness in the middle of an answer. Direct examination, cross-examination, redirect examination and re-cross examination are permitted. The Court does not ordinarily permit re-redirect examination and re-cross examination of a witness.

6. Expert Witnesses: No expert witness shall be scheduled to testify on a Friday without the consent of the Court.


Inquiries

Inquiries as to case or calendar status are to be made to the appropriate Clerk's Office:

Court Clerk - Part 35 (718) 298-1126

Motion Support Office (718) 298-1009

Ex Parte Support Office (718) 298-1018

Preliminary Conference (PC) (718) 298-1046.

Compliance Conference (CC) (718) 298-1093

Centralized Motion Part (CMP) (718) 298-1728


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