Hon. Anne J. Swern: Part 75 Rules

Principal Law Clerk: Kacie A. Lally, Esq.
Confidential Assistant: Sophie Yaeger
Part Clerk: Gabrielle Andrews

360 Adams Street
Brooklyn, New York 11201

Courtroom Telephone No.: 347-296-1599
Chambers Telephone No.: 347-296-1560

Updated: February 5, 2024

Communication

  • In the first instance, all inquiries on a pending case or calendar status shall be made to the Part 75 Clerk at ksccvpart75@nycourts.gov or 347-296-1599.
  • Telephone calls to Chambers are not permitted. Please email the Judge’s Confidential Assistant, Sophie Yaeger, at syaeger@nycourts.gov, and copy all attorneys and unrepresented litigants.  The subject line of emails must state the index number and caption.  Do not copy the Judge on any emails to the Court.

Motions

  • Motions that are randomly calendared under Part 75 by the Motion Support Office or another Judge will be administratively adjourned to a Part 75 motion date.  Parties may check e-courts to verify appearance dates.
  • Filing of Papers: All motion papers must be filed electronically through NYSCEF.
    • Where the action does not participate in NYSCEF, motion papers must be filed by mail to the Motion Support Office, 360 Adams Street, Room 227, and NOT to the Court’s chambers.  Motion papers, answering affidavits and reply affidavits must be served on the parties in accordance with CPLR § 2214 or the most recent Administrative Order, unless otherwise stipulated or ordered.
    • Where all parties are represented by counsel, the parties must convert the case to NYSCEF.
  • An in-person appearance is required on all motions, except where, at least 3 business days prior to the adjourn date, the parties submit a stipulation:
    1. Indicating that the entire motion is resolved.
      • The parties must upload a proposed order via NYSCEF at least 3 business days prior to the return date.
    2. Stating that the motion is withdrawn.
    3. Consenting to an adjournment, with briefing schedule.
      • The Court will allow two adjournments as of right.  There will be no additional adjournments unless good cause is shown for failure to comply with the briefing schedule.
      • Do not call or email the Court for an adjournment.
  • Stipulations must account for all parties in the caption. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) the reason for the exclusion should be stated in the stipulation.
  • Stipulations must be filed through NYSCEF and a courtesy copy emailed to Sophie Yaeger, at syaeger@nycourts.gov.
  • Stipulations in matters that are not e-filed, may be emailed to the Part Clerk at ksccvpart75@nycourts.gov, and to Sophie Yaeger, at syaeger@nycourts.gov.
  • Contested Adjournments: An oral application to adjourn a motion may be made before the Court in person on the return date of the motion.
  • Forms for Motions:

Short Form Order
Order Page 2
Consolidation Order
Joint Trial Order
Order Changing Venue
Default Judgment Order

  • Defaults: The Court has discretion in addressing a calendar default.  When appropriate, among other possible sanctions, an action may be dismissed, or judgment entered for the failure of one or more parties to appear on the return date of a motion.

Discovery

  • Any inquiries pertaining to discovery matters should be directed to the Centralized Compliance Part (CCP) at 347-296-1626.

Calendar Call

  • Motions will be heard in person on Thursdays in Part 75.
  • Calendar calls are at 10:00 a.m. (first call) and 11:30 a.m. (second call).
  • All counsel/litigants must be prepared with knowledge of the case and motion, and be ready for oral argument.
  • Hard copies of motion papers are not required.  Parties may choose to bring specific exhibits or affidavits in hard copy for the Court.  Although this Court reads all motion papers in advance of the return date, it may become necessary to refer to a specific exhibit, and the bench is not always equipped with a computer.
  • Adjournment requests are not granted by email or telephone.

Subpoenas

  • All subpoenas must be approved by the subpoenaed records room, located on the 6th floor, after which the approved subpoena shall be placed in the basket outside Courtroom 424 for signature.  Subpoenas will not be accepted electronically.

Infant Compromise Orders

  • Petitions for infant compromise orders must be filed through NYSCEF, together with a Stipulation of Discontinuance.  Please also provide a courtesy copy to the Part 75 clerk.  Any supplemental submissions must be uploaded through NYSCEF as well. Hearings will be scheduled upon submission of all required documents.
  • Infant Compromise petitions must comply with CPLR §1208 and 22 NYCRR 202.67.
    • The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults or settlements in appearances.
    • The affirmation must include a detailed description of the incident and liability issues.
    • The infant’s medical reports, a physician affirmation, a settlement letter that includes a waiver of appearance, and an affirmation of no liens are required with the submissions.
    • If any portion of the settlement is structured, the cost of the annuity must be stated in the order.
    • An affidavit of consent from an infant fourteen (14) years or older must be included in the petition, if possible, and filed with the Court.
    • If a compromise order was previously signed in the action, such order must be attached as an exhibit.
    • Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

Trials

  • Prior to trial in Part 75, counsel are required to serve and submit the following:
    1. Marked Pleadings and Bill of Particulars: Prior to trial, counsel shall furnish 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.
    2. Exhibits. Counsel shall 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.
    3. Witnesses. Prior to trial, counsel shall provide the Court a list of potential witnesses in the order in which they intend to call them at trial, including expert witnesses, their expertise, and a summary of expected trial testimony, as well as any interpreters needed.
    4. Requests to Charge. Prior to trial, counsel shall provide the Court proposed requests to charge, which may be adjusted if necessary.
    5. Motions in Limine. Any potential evidentiary questions 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.
    6. Depositions: A copy of depositions intended to be used at trial shall be furnished to the Court at the commencement of the trial.

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