Principal Law Clerk: Nicholas A. Pagano, Esq.
Assistant Law Clerk: Rebecca Okin, Esq.
Part Clerk: Shauntel Wilson
Kings County Supreme Court, Civil Term
360 Adams Street
Brooklyn, New York 11201
Court Room Number: 419
Courtroom Telephone No.: 347-296-1644
If the parties wish to contact the court, please upload an e-filed letter via NYSCEF.
Updated: January, 25, 2024
The below rules are in addition to the Kings County Supreme Court Uniform Civil Term Rules, which can be found on the Kings Supreme Court Civil Term website.
Attorneys appearing before Judge Capell must be familiar with the case and prepared to discuss settlement.
The court will not engage in any ex parte communication. If you have a question about a court date you may contact the Part Clerk at the courtroom telephone number. Any direct contact with the court or court attorneys will be rejected, unless by conference call with all sides present on the call.
If any party is pro se, any contact with the court or application may only be in person on the scheduled court date.
All rules are subject to change at the court’s discretion.
Motion Practice:
- The Part 19 Motion Day is Thursday
- First Call: 9:45AM
- Second Call/Default Call: 10:30AM
- For your papers to be considered by the court, they must be properly served and filed at least two business days prior to the return date.
- An appearance is required on all motions except where the parties have resolved the motion on consent and uploaded a proposed order via NYSCEF at least two business days prior to the return date and the movant gets confirmation from the Part Clerk that they do not have to appear.
- If a motion has been withdrawn or a case has been settled, the parties shall notify the court immediately by uploading either a stipulation of settlement, a stipulation of discontinuance, or a letter by the movant indicating that the motion is withdrawn.
- An appearance is required for all adjournment applications after the first two adjournments of the motion.
- The court does not require hard copies or courtesy copies of motion papers on e-filed cases unless specifically requested.
Trials:
- Once a trial is assigned to Part 19 and prior to trial, counsel are required to serve and submit the following:
- Marked Pleadings and Bill of Particulars. Furnish to the Court marked pleadings and a copy of the Bill of Particulars pursuant to CPLR §4012 and the Uniform Rules for Civil Supreme Court §202.35.
- Exhibits. Counsel may pre-mark all exhibits in the order in which they intend to introduce them at trial. A list of the exhibits shall also be provided to the Court prior to trial. Plaintiffs will number their exhibits and defendants will letter their exhibits. On the day of trial, the exhibits and the list will be given to the Part Clerk who will officially mark them before trial. It is the responsibility of the attorneys to ensure that subpoenaed records have arrived in the Subpoenaed Record Room.
- Witness list. Provide a witness list pursuant to Uniform Rules for Civil Supreme Court §202.37.
- Requests to Charge and Verdict Sheet. Provide proposed requests to charge, and proposed verdict sheet, which may be adjusted if necessary.
- Depositions. A copy of depositions intended to be used at trial.
- Motions in Limine. Any potential evidentiary question or procedural or substantive law matter not previously adjudicated shall be brought to the Court’s attention and addressed prior to trial by way of a written or oral motion in limine. A written memorandum of law with citations to the Official Reports is required. Citations and copies of relevant court decisions and statutes should be furnished to the Court prior to commencement of plaintiff's case and when otherwise requested by the Court.
- Trials will proceed day by day until completed unless otherwise scheduled by the Court.