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New York StateUnified Court System

Acting Justice Debra Silber


Part Rules

Supreme Court - Kings County
Civil Term - Part 9 and 5K
360 Adams Street
Brooklyn, NY 11201
Court Room 524
Chambers 347-296-1043
Court Clerk 347-296-1102
Fax 718-643-3755


MOTION CALENDAR:

  • Motions are heard on designated Thursdays, not every Thursday. Oral argument is required on all motions except motions solely concerning the “serious injury” threshold in Insurance Law §5102(d), which may be submitted without oral argument if all parties consent either by written stipulation or orally in court to waive oral argument. Appearances must be made by attorneys with knowledge of the case and the motion to be argued.
  • First call is at 9:45 a.m. Second call is at 11:00 a.m.
  • Defaults will not be entered before second call. Motions will be marked “off calendar” if the movant fails to appear at the second call, even if he or she appeared at first call.
  • Motions, other than motions concerning discovery referred from the Central Compliance Part (CCP), may be adjourned twice on consent pursuant to a stipulation of all parties. Stipulations must be signed by all parties, or their attorneys if represented, and delivered to chambers, either in person or by fax, even if the case is an e-filed case. After two adjournments, not including adjournments by the court, applications must be sought in person at the calendar call on the adjourn date of the motion.
  • Applications will be taken after the calendar call. Parties must be ready to proceed in the event the application is denied.
  • Discovery motions will not be adjourned except for good cause shown.
  • Parties are encouraged to resolve discovery motions and to present consent orders for signature listing the specific items outstanding and the dates for production.
  • All papers are to be filed in accordance with the CPLR.
  • Exhibit tabs and legal backs are required on all papers filed with the Court. Affirmations, affidavits and legal memoranda must be double-spaced.
  • Summary judgment motions must be made within sixty days (60) of the date of filing of the Note of Issue.
  • Parties who have answered “ready” should remain in the court room. If your case is called and you are not present, a default may be taken.
  • If you must leave to go to another part, inform the court clerk of your destination prior to leaving the court room.


ORDERS TO SHOW CAUSE:

  • Proposed orders to show cause must be brought to the Ex Parte Motion Support Office for review prior to submission to the part.
  • Required fees must be paid to the County Clerk prior to submission.
  • In e-filed cases, a photocopy of the signed order to show cause must be e-filed after it is signed, in accordance with the e-file rules.

E-FILED CASES:

  • “Working copies” of all motion papers for motions brought by notice of motion or by petition and notice of petition in special proceedings, as well as all papers in opposition, as well as any proposed orders shall be submitted directly to chambers by mail or in person. If brought in person, leave the papers with the security guard on the 11th floor of the courthouse.
  • All working copies shall have the NYSCEF Confirmation Notice attached.
  • Working copies of all motion papers must be received in chambers at least five (5) business days before the motion is to be heard. Do not file the working copies with the Motion Support Office.
  • All working copies shall have the exhibits tabbed and have legal backs. Any documents referenced which were previously e-filed shall be included in the working copy, even though CPLR 2214 does not require more than the e-file system docket number in the e-filed copy.
  • Working copies of any reply papers (not opposition papers) may be brought to the courtroom on the return date of the motion.

TRIALS:

  • All parties must be present in court by 9:45 a.m. unless otherwise scheduled with the Court.
  • Prior to trial, counsel must submit marked pleadings and the Bill of Particulars.
  • In addition, counsel must also provide the Court with copies of any deposition testimony that is expected to be used during the trial.
  • It is the responsibility of the attorneys to ensure that subpoenaed records have arrived in the Subpoenaed Record Room.

INFANT COMPROMISES:

  • Hearings will initially be scheduled by the Court.
  • Any adjournments must be obtained through chambers.
  • If the papers are e-filed, the working copy submitted must not be redacted.

MISCELLANEOUS:

The Kings County Supreme Court Uniform Civil Term Rules are located at: http://www.nycourts.gov/courts/2jd/kings/Civil/KingsCivilSupremeRules.shtml