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Civil Term - Part Rules, Part 36, Courtroom 233


Justice Diccia T. Pineda-Kirwan
25-10 Court Square
Long Island City, NY 11101
Part Clerk: Connie Li
Phone: 718-298-1682
Fax:     718-520-2571 

An attorney appearing on a case for any purpose must be familiar with the case and authorized to resolve any and all issues, including settling the case.

Preliminary Conference | Compliance Conference | Motions | Trials | Settlement and Discontinuances | Infant Compromise Orders |

 

Preliminary Conference

All preliminary conferences will be held on Mondays at 9:30 AM in the Centralized Preliminary Conference Part, Room 3002 of the Jamaica courthouse located at 88-11 Sutphin Blvd., Jamaica, NY.

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. Inquiries pertaining to preliminary conferences shall be made to the Centralized Preliminary Conference Part at 718.298.1046.

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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 in the Centralized Compliance Conference Part in Room 313 of the Jamaica courthouse. Inquiries pertaining to compliance conferences shall be made to the Centralized Compliance Conference Part at 718.298.1093.

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Motions

All motions will be heard in the Centralized Motion Part, Monday through Thursday at 2:15 P.M. and on Fridays at 11:00 A.M., in Courtroom 25, at 88-11 Sutphin Boulevard, Jamaica, NY 11435. All inquiries pertaining to the motion calendar shall be made to the Centralized Motion Part at 718.298.1728.

CMP Rules: http://www.nycourts.gov/courts/11jd/supreme/civilterm/Centralized_Motion_Part_Rules.pdf

Discovery related motions are expected to be RESOLVED by the parties. Discovery motions, including motions to strike cases from or restore cases to the Trial Calendar, must be in compliance with Uniform Rules for Trial Courts (22 NYCRR) § 202.7, setting forth, IN DETAIL, the efforts made by the moving attorney to obtain discovery prior to requesting judicial intervention. Conclusory statements, pro forma letters sent in an attempt to satisfy this requirement or other failure to demonstrate good faith efforts may result in a summary denial of the motion.

All motions and ex parte applications submitted shall be in compliance with Uniform Rules for Trial Courts (22 NYCRR) § 202.5. In addition, all pages and paragraphs must be numbered and all exhibits are to be preceded by an 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 the rejection of the non-complying papers.

The Court will not consider papers sent to Chambers or to the Part that do not have proof of payment of the appropriate fee. (CPLR 8020[a].)

If a case is settled while a motion is pending, counsel MUST notify Chambers immediately by submitting an original stipulation of the settlement and withdrawal of the motion, in order to facilitate judicial economy.

E-FILING RULES AND PROTOCOLS

All parties should familiarize themselves with the statewide E-Filing Rules: Uniform Rules for Trial Cts (22 NYCRR) §§ 202.5-b and 202.5-bb, available at www.nycourts.gov/efile. General questions about e-filing should be addressed to the E-Filing Resource Center at 646.386.3033 or efile@court.state.ny.us

HARD COPY SUBMISSION

No courtesy copies to Chambers are required EXCEPT IN THE CASE OF E-FILED MOTIONS. All hard copy submissions in E-filed cases must bear the Notice of Hard Copy Submission - E-Filed Case required by Uniform Rules for Trial Courts (22 NYCRR) § 202.5-b(d)(1). If, on the return date of the motion, counsel has failed to provide a hard copy of the motion or responsive papers, the Court will either mark off the motion, or in the case of opposition papers, consider the motion unopposed.

WITHDRAWALS

WITHDRAWAL of motions–after submission in CMP–may be communicated by fax to 718.520.2571 with prior notice of same to the adverse party, or a stipulation.


SETTLEMENT CONFERENCES

Any matter may be set down for a settlement conference by order, and shall be held in Part 36, room 233, in the Long Island City Courthouse, located at 25-10 Court Square, Long Island City, New York 11101.

Personal appearances are mandatory.Only attorneys with full knowledge of the case may appear, prepared and authorized to resolve any and all issues including settling the case. Pursuant to Uniform Rules for Trial Courts (22 NYCRR) § 202.26(e), parties shall appear with a representative authorized to settle the action. Contravention of these directives may result in sanctions, including the granting of a default judgment, dismissal of the action or the issuance of any other order that the Court deems just. (Uniform Rules for Trial Cts [22 NYCRR] § 202.27.)

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Trial Rules

Plaintiff’s counsel shall requisition the file to the Part 36 courtroom immediately after assignment of the case to this part. Counsel should ascertain the availability of all witnesses and subpoenaed documents. Any special needs, e.g., interpreter, easels, blackboards, shadow boxes, television, subpoenaed, material, etc., must be reported to the Court Officer, in advance, so as not to delay the progress of the trial.

 

MARKED PLEADINGS PLUS

Plaintiff’s counsel shall furnish the Court with copies of marked pleadings, the bill(s) of particulars and copies of any case law and/or statutory provisions, including the NYC Administrative Code and the Traffic Rules and Regulations of the City of New York, which any party will rely upon.

Counsel for the parties shall provide to the Court:

A. A chronological summary of all expert reports to be offered into evidence together with a glossary of terms that are used or are expected to be used by the expert witness, but are typically unfamiliar to a lay person;
B. A chronological list of all dates relevant to the matter on trial;
C. All reports, depositions and written statements which may be used to either refresh a witness’ recollection and/or cross-examine the witness;
D. To the extent any part of a deposition is to be read into evidence (as distinguished from mere use on cross-examination) you must, in advance, provide the Court and your adversary with the page and line number of all such testimony so that all objections can be addressed prior to use before the jury;
E. A list of the names of all witnesses to be called by you and for each such witness, the elements of proof to be supplied or addressed by such witness; and
F. Suggested jury charges and a suggested verdict questionnaire. Amendments thereto shall be permitted at the final charging conference. Jury charges should be referred to by the PJI number and topic. If any changes to the PJI are suggested, then the entire proposed charge should be set forth and the changes should be highlighted. Citations to appropriate statutory or common law authority must be given in support of suggested non-PJI jury charges or suggested PJI modifications.

At the trial conference, counsel should be prepared to:

A. Discuss settlement;
B. Advise the Court as to all anticipated disputed issues of law and fact, and provide the Court with copies of all statutory and common law authority upon which counsel will rely;
C. Stipulate to undisputed facts and the admissibility of clearly admissible documents and records;
D. Advise the Court of any anticipated in limine motions or evidentiary objections which counsel intends to make. Motions in limine must be supported by a memorandum of law with citations to the relevant statutes and case law relied upon, as well as treatises of evidence law. All prior decisions and orders relevant to any in limine application must be provided to the Court;
E. Advise the Court of any anticipated requests for a jury instruction relating to missing witnesses and/or documents;
F. Advise the Court of any anticipated requests for apportionment as to alleged culpable non-parties pursuant to CPLR Article 16;
G. Discuss scheduling as well as the number of witnesses to be called at trial, and the estimated length of the trial; and
H. Counsel is advised that, pursuant to Uniform Rules for Trial Courts (22 NYCRR) § 202.26(e), the Court may require parties, representatives of parties, representatives of insurance carriers or persons having an interest in any settlement, including those holding liens on any settlement or verdict, to also attend the conference.

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Settlement and Discontinuances

If an action is settled, discontinued or otherwise disposed of, counsel shall immediately inform the Court by submission of the stipulation of settlement or a letter directed to the Part Clerk. All stipulations of discontinuance must be accompanied by proof of payment of the appropriate fee. (CPLR 8020[d][1].)

All decisions, orders, etc. are available at the Queens County Clerk’s Office in the Jamaica Courthouse. All inquiries, including case and calendar status, are to be made to the appropriate clerk’s office. Counsel should NOT contact Chambers for any inquiries unless with leave of the Court.


Motion Support Office 718.298.1009
Centralized Motion Part 718.298.1728
Ex Parte Support Office 718.298.1018
Matrimonial Office 718.298.1012

Please be advised that the Court Rules for Part 36 are subject to change.

To access Court Rules go to:
http://www.nycourts.gov/courts/11jd/supreme/civilterm/partrules/civil_partrules_36.shtml

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Infant Compromise Orders

Before submission of an infant’s compromise order, counsel shall obtain from the clerk of Part 36 an infant compromise checklist to ensure the submission of all necessary information and documentation. Infant compromise hearings will be scheduled by the Court and the plaintiff’s attorney will be informed of the hearing date.