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Civil Term - Part Rules, Part 51, Courtroom 21


Justice Pam Jackman Brown
88-11 Sutphin Blvd.
Jamaica, NY 11435
Courtroom Ph: 718-298-1210
Chambers Ph: 718-298-1653

Appearances and Adjournments | Preliminary Conferences | Compliance Conferences | Matrimonial Motions | Pretrial Conferences | Trial | Judgments | Miscellaneous

Unless otherwise directed by the Court, appearance of Counsel and their clients is mandatory on all matrimonial matters including, but not limited to motion calendar calls, preliminary conferences, compliance conferences, pre-trial conferences, emergency applications, and TROs and all other Court-ordered conferences.

Calendar call is at 9:30 a.m. Second calendar call is at 11:00 A.M., unless the matter is scheduled as a time certain. Please be prompt for all appearances.

Communication with the Court between Court dates is by telephone conference only. If you are unable to obtain the cooperation of opposing counsel or opposing party, pro se, to place a conference call, you may call one of the Judge’s Law Secretary and request assistance in setting up a conference call.

 

Appearances and Adjournments

ORDERS OF PROTECTION

At the time of calendar call or check in, the Court shall be notified of any Orders of Protection.

INTERPRETERS

Notification for Court Interpreter Services shall be made to the Court upon the initial filing of the Request for Judicial Intervention or Motion or any other application to the Court, but not less than 24 hours prior to first court appearance. At time of calendar call or check in, the Court shall be reminded that Court Interpreter Services are needed.

APPEARANCE AND COMMUNICATION

A notice of appearance shall be properly filed in the Office of the County Clerk and the Matrimonial office with a courtesy copy to Part Clerk for all matters.

Upon all withdrawal of attorney, there must be a properly filed
CONSENT TO CHANGE ATTORNEY or Termination of Attorney properly filed with the Clerk’s office with a copy to the Part Clerk.

Two business cards are to be submitted to the Court at the first appearance on all matters before the Court.

Counsel must notify their adversary of any intention to seek an adjournment, and if possible, to obtain consent of all parties.

Adjournments may be sought by telephone conference call with the Law Secretary, Associate Law Secretary, or Part Clerk, to be followed by a written stipulation confirming the date. The stipulation shall be faxed to the Chambers at least one (1) day prior to the scheduled appearance date. All adjournments are subject to final approval by the Judge in advance of a court date and per rules. Counsels or parties are required to confirm all adjournment requests.

All adjournments on the grounds of engagement of counsel shall be granted only in accordance with Part 125 of the Rules of the Chief Administrator of the Courts. Affirmations must be faxed to the Court and the Adversary at least one (1) day prior to the Court appearance.

All Litigants who are represented by Counsel must communicate with the chambers staff through their counsel only.

No calls should be placed to chambers unless at the instruction of the Court.

There shall not be NO EX PARTE communication with Court.

Minor children are not permitted in the courtroom, except by permission of the Court.

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Preliminary Conferences

Preliminary conferences shall be held on Wednesdays. The Calendar call is 9:30 a.m.

Prior to the call of the preliminary conference calendar, counsel and/or pro se litigants MUST complete the proposed preliminary conference order prior to conferencing with the Court or Court’s Law Secretary.

Pursuant to 22 NYCRR 202.16(d), an RJI shall be filed within forty-five (45) days of the date of service of the summons and VERIFIED COMPLAINT unless an affidavit of no necessity is filed, in which case, the RJI shall be filed within 120 days UPON PROOF OF FILING OF ANSWER OR DEMAND FOR ANSWER. All pleadings must be properly served and filed.

Upon failure to have issue joined, the Court may deem any action as is just and proper.

Fully completed and acknowledged Net worth statements with required documents, including parties’ recent pay stubs or W-2 and Attorney’s Retainer Statement and Temporary Maintenance Guidelines Worksheet, are to be filed with the Court (10) days prior to the Preliminary Conference date. Failure to properly serve and file these documents prior to Preliminary Conference, the Court may deem any action as is just and proper. The appearance of both Plaintiff and Defendant are required at the Preliminary Conference.

Preliminary conferences must be conducted within forty-five (45) after assignment of the action. The Court will not grant adjournments of Preliminary Conferences beyond the forty-five (45) day period unless upon good cause shown.

At the Preliminary Conference, All pleadings (verified complaint, answer, notice of appearance, affidavit of service) must be properly filed. Failure to file pleadings, the Court may impose any action as it deems just and proper.

Absent submission of a fully completed net worth statement with proper supporting documents by the moving party, applications for financial relief will be denied without prejudice.

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Compliance Conferences

Compliance conferences shall be held on dates as scheduled by the Court. The Calendar call is 9:30 a.m.

Before the call of the compliance conference calendar, Counsel and/or pro se litigants must complete the Compliance Conference Order for conference with the Court or Law Secretary.

Failure to comply with discovery or preliminary conference orders may be brought to the Court’s attention by conference call to Chambers prior to the compliance conference to resolve the issues of non compliance.

Counsel attending the conference must be fully familiar with and authorized to settle, stipulate or resolve or dispose of issues or action.

A Note of Issue shall be filed in accordance with the Compliance Conference Order or other Order of the Court.

Counsel and their clients must appear at the compliance conference unless authorized directed by the Court.

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Matrimonial Motions

Motions shall be heard on Thursdays. The Calendar call is 9:30 a.m.

Motions shall be made returnable only on the part’s motion day. All motion papers (including opposition and reply) must state the motion sequence number on the first page. To reduce the need for motion practice, counsel are encouraged to contact the Court by conference call prior to filing a motion for the Court’s assistance to resolve the conflict.

Oral argument is required on all motions unless dispensed with by the Judge.

The Court does not accept Courtesy copies of motion papers unless by Court’s approval.

Pursuant to the CPLR, after argument of an application or submission of a motion, sur-replies, memoranda and letters addressed to the substance of the pending application will not be considered without prior permission of the Court.

If a motion has been brought by Order to Show Cause, the movant must submit the affidavits of service on the return date.

Any NOTICE OF MOTION that is brought without the Court’s approval shall be subject to the Court’s calendar availability and may be adjourned as the Court deems just and proper.

Copies of the Family Court petition and any existing orders must be submitted with applications to consolidate.

Any motion pending upon the settlement of the case will be deemed withdrawn unless explicit provision is made for its preservation.

All exhibits shall be clearly marked and tabbed or papers will be rejected and returned to counsel.

Any application related to child support shall include a Child Support Standards Act worksheet.

Counsel and parties are required to appear personally on all motions.

All emergencies shall be heard by the Court upon proper notice pursuant to 22 NYCRR 202.7.

All motion must conform to Uniform Court Rules, 22 NYCRR 202.5(a)

Initial post-judgment applications shall be brought by Order to Show Cause. Any Notice of Motion is subject to the Court’s availability date and times.

 

Ex-Parte Applications

Any application for temporary injunctive relief shall contain an affirmation demonstrating there will be significant prejudice to the party seeking the restraining order by giving notice. In the absence of a showing of significant prejudice, an affirmation must demonstrate that a good faith effort has been made to notify the party against whom the restraining order is sought in accordance with 22 NYCRR 202.7. This rule does not apply to temporary orders of protection.

Applications for an Ex Parte Order of Protection are heard the same day they are filed.

Counsel are required to have their clients present, unless excused by the Court.

 

Inquest

A NOTE OF ISSUE MUST BE FILED PRIOR TO INQUEST BEING HELD.

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Pretrial Conferences

All attorneys participating in the Pre-Trial conference must be fully familiar with and authorized to settle such action. All counsel must provide the Court with:

1. Pre-proof filing of Note of Issue;

2. Statements of proposed disposition;

3. Updated net worth statements, with the last three (3) years tax returns; and

4. Child support worksheet, if applicable.

In the event that the Matrimonial action remains unresolved at the conclusion of the pre-trial conference, the matter will be set for a firm trial date before this Court or any other Park assigned to Hear the matrimonial case. Once a case has been assigned a trial date, it is presumed ready for trial.

Pursuant to 22 NYCRR 2-216(g), all expert reports are to be exchanged and filed with the Court sixty (60) days before the date set for trial. Reply reports, if any, shall be exchanged no later than thirty (30) days before said date.

Both sides must comply with Section 202.16 of the Uniform Rules for the New York State Trial Courts no later than 30 prior to trial unless otherwise Ordered by the Court.

Both sides must comply with the Court’s Pre-Trial Orders in a timely manner or ma be subjected to sanctions.

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Trial

1. A NOTE OF ISSUE MUST BE FILED PRIOR TO ANY TRIAL

2. ALL PLEADINGS MUST BE FILED PRIOR TO ANY TRIAL

3. Trials and hearings will be scheduled to be heard in the Part on Mondays, Tuesdays and Fridays or any other date set by the Court. Parties and Children’s Attorneys may only use, on their direct case, evidence that is listed on their respective pre-trial exhibit AND Witness lists in compliance with the pre-trial order. Precluded Evidence or Non-compliance with Pre-Trial Order is subject to further evidentiary rulings where appropriate.

Cases placed on the Trial Calendar with a firm date will not be adjourned unless Counsel is actually engaged on trial and provides an affirmation pursuant to Court rules attesting to that fact. Failure to be ready to proceed to trial may result in a judgment of default or dismissal of the action.

Chambers shall be notified by all sides immediately if the action is resolved prior to the scheduled trial date.

Copies of trial memoranda/decisions will be mailed to counsel and self-represented litigants. A self-addressed envelope is requested to be provided to the Court at completion of trial.

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Judgments

All judgments shall include a completed copy of the Matrimonial Clerk’s Office’s contested judgment checklist, indicating all necessary attachments.

After trial, parties and the child’s attorney, if any, shall submit post-trial proposed findings of fact and conclusions of law, with copies on computer disk or email attachment in Word Perfect format with permission of the Court unless waived by the Court.

Pursuant to 22 NYCRR 202.48, proposed judgments with proof of service on all parties must be submitted for signature, within sixty (60) days, unless otherwise directed by the Court and proof of service of Notice of Settlement.

Pursuant to the Domestic Relations Law, the Court will conduct statutory registry checks and advise counsel and parties of all results in writing. If further inquiry is required, the Court may require an appearance by parties and counsel.

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Miscellaneous

Parties with unemancipated children should be aware that the Justice may assign the parties to an approved mediation program.

All parties must be properly attired.

Electronic equipment such as beepers, cellular phones, radios, or any electronic or recording device must be turned off while in the Courtroom.

If a party or counsel is required to appear in another Courtroom, they must promptly advise the Court Officer or Clerk of the part where they are going, how they can be reached, or when they will return. Failure to notify the Court of your absence, the Court may exercise any appropriate action it deems just and proper.

Children of the parties may not be permitted to observe their parents’ contested matrimonial proceedings. Counsel must notify Court or Court’s personnel if the children are present in the courtroom.

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