Uniform Rules of the Justices

 

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NEW YORK COUNTY SUPREME COURT
CIVIL BRANCH

HON. JACQUELINE W. SILBERMANN, ADMINISTRATIVE JUDGE

Main Courthouse:
60 Centre Street 
New York, New York 10007

Satellite Courthouses:
80, 100 and 111 Centre Street
71 Thomas Street
New York, New York 10013

                                                                   
                                                                                               

RULES OF THE JUSTICES
(UPDATED: JUNE 16, 2005)

The following constitute the rules of the Justices of the Supreme Court, Civil Branch, New York County (hereinafter "the Rules" or "the Local Rules") with the exception of the Justices of the Commercial Division. A separate set of uniform rules governs cases assigned to the Commercial Division.

STRUCTURE OF THESE RULES: Immediately below is a Basic Information section that lists the Justices of the court in alphabetical order and a summary of the operational details of their Parts (e.g., motion days). Variations exist among the Parts in regard to such details. Except as so indicated, the Local Rules are uniform throughout the Supreme Court, Civil Branch, New York County (Commercial Division apart). An attorney who wishes to know the requirements followed in a particular Part should consult the main body of the Rules together with the portion of the Basic Information section that pertains to that Part.

ENFORCEMENT OF THESE RULES: These Rules seek to promote fairness and efficiency for the benefit of the court, the Bar and litigants. In consideration of the needs of the Bar, certain Rules contain a degree of flexibility. Counsel should understand that the court will enforce the Rules as written. The Rules should be read consistently with the Civil Practice Law and Rules and the Uniform Rules (Part 202).

KEEPING THE RULES CURRENT; OTHER INFORMATION: These Local Rules are posted and kept current on the Internet website of the Supreme Court, Civil Branch, 1st Judicial District (New York County) (at http://www.courts.state.ny.us/supctmanh/). Information on the operations of the various administrative offices of the court can be obtained from the courtís Summary of Operations, also available on the website. Information about the issuance of decisions and orders, and scheduling of conferences, motions, and trials can be obtained from "CaseTrac," the court system's case tracking service (www.CaseTrac.com), www.CourtAlert.com, a private service, and the New York Law Journal. Information on scheduled appearances is also available on the Unified Court Systemís home page (http://www.courts.state.ny.us, under the "Future Court Appearance System").

BASIC INFORMATION

 

(Rooms are located at 60 Centre Street unless otherwise indicated.)

HON. SHEILA ABDUS-SALAAM Part 13, Room 305, 71 Thomas Street, Phone: 646-386-3856
Motions: Thurs., 9:30 AM. Discovery motions are strongly discouraged. If a discovery dispute arises after a preliminary or compliance conference order is issued, counsel should, prior to making a motion, telephone the Part Clerk, Ms. Zoraida Montalvo, at 646-386-3856. Ms. Montalvo will have counsel arrange a conference call with the Judge or her law secretary in an attempt to resolve the dispute. If the conference call does not resolve the dispute, the party seeking relief will be permitted to make an appropriate motion. Motions returnable in the Motion Support Office and assigned to the Part will be on submission unless the court advises the parties that oral argument is desired. Orders to show cause will be returnable in the Part. Orders to show cause may be adjourned by stipulation one time only for no more than two weeks and the stipulation shall be faxed or delivered to the court by 4 PM on the business day preceding the return date. Any further adjournments require approval of the court. Absent emergency, requests for such additional adjournments (or where the parties have not consented to an initial adjournment) must be submitted to the Part two business days before the return date. If the motion is adjourned, all papers are due in the Part on the Monday before the adjourned date.  
Conferences
: Thurs. on a staggered schedule. The court will advise of the specific time to appear.

HON. ROLANDO T. ACOSTA Part 61, Room 210, 71 Thomas Street, Phone: 646-386-3854
Motions:
Thurs., 9:30 AM.  Discovery motions are strongly discouraged. If a discovery dispute arises after a preliminary or compliance conference order is issued, counsel should, prior to making a motion, telephone the Part Clerk, Mr. Anthony Hernandez, at 646-386-3854. Mr. Hernandez will have counsel arrange a conference call with the judge or his law secretary in an attempt to resolve the dispute. If the conference call does not resolve the dispute, the party seeking relief will be permitted to make an appropriate motion.  Motions returnable in the Motion Support Office and assigned to the Part will be on submission unless the court advises the parties that oral argument is required.  Orders to show cause will be returnable in the Part. Orders to show cause may be adjourned by stipulation one time only for no more than two weeks and the stipulation shall be faxed or delivered to the court by 4PM on the business day preceding the return date. Any further adjournments require approval of the court. Absent an emergency, request for such additional adjournments (or where the parties have not consented to an initial adjournment) must be submitted to the Part two business days before the return date. If the motion is adjourned, all papers are due in the Part on the Monday before the adjourn date. There shall be no ex parte communications with chambers and there will be no telephone adjournments.
Conferences: Thursdays on a staggered schedule. The court will advise the parties the specific time to appear.

HON. HAROLD B. BEELER Part 9, Room 304, 71 Thomas Street, Phone: 646-386-3848
Motions & Conferences: Tuesday


HON. EILEEN BRANSTEN
Part 6, Room 442, Phone: 646-386-3287
Motions: Tues., 9:30 AM Conferences: Tues., As directed by the court

HON. RICHARD F. BRAUN Part 23, Room 320, 80 Centre Street, Phone: 646-386-3754
Conferences: Tues., 9:30 AM (compliance conferences); 10:30 AM (preliminary conferences).             Motions: Thurs., 9:30 AM (motions that have been adjourned in the Part); 10:30 AM (motions newly calendared in the Part). All contested motions are scheduled for argument in the Part following final submission in Room 130.  Opposing papers on orders to show cause will be accepted at oral argument thereof.

HON. JOAN B. CAREY Part 40D, Room 572, 111 Centre Street, Phone 646-386-3365
Motions and Conferences:  Fri., 9:30 AM

HON. WILLIAM J. DAVIS Part 33, Room 555, Phone: 646-386-3238

HON. LELAND DEGRASSE Part 25, Room 428, Phone: 646-386-3295
Motions: Mon., 9:30 AM Conferences: Mon., 2:15 PM

HON. MARYLIN G. DIAMOND Part 48, Room 412, Phone: 646-386-3298
Docket: Part 48 is a pure IAS Part. All cases assigned to the Part for conference or motions will remain in the Part up to and including trial.
Conferences: Conferences are held on Tuesdays on a staggered schedule for the convenience of counsel and the parties. The court will advise counsel of the specific time to appear. Counsel appearing at a preliminary, compliance or status conference are expected to be familiar with the case and to have the authority to discuss all discovery issues and possible settlement. At a compliance conference, counsel who will actually be trying the case or an attorney fully familiar with trial counsel's schedule must appear. A scheduled conference may be adjourned one time for no more than two weeks by stipulation of the parties faxed to the court by noon on the preceding Monday. Any further adjournments require the approval of the court, which will be granted only for good cause. The request for any such additional adjournment must be submitted to the court by fax no later than 4 PM on the preceding Friday. No adjournments will be given over the telephone. Failure to appear for a scheduled conference may result in the imposition of appropriate judicial sanctions. Failure to comply with the discovery schedule fixed by the preliminary conference or compliance conference order will result in the imposition of an appropriate sanction pursuant to CPLR 3126. If one or more of the parties has a legitimate need to seek modification of the discovery schedule, a timely application should be sent by fax to the court with a copy to all other counsel. If the case is settled, the parties must promptly fax to the court a stipulation of settlement and discontinuance outlining the terms of the settlement.
Motions: Discovery motions are strongly discouraged by the court. If a discovery dispute arises after the issuance of a preliminary or compliance conference order, counsel should, prior to making a motion, telephone the judge's Law Secretary, Mr. Nicholas Moyne, at 646-386-3255. Mr. Moyne will arrange a conference call among all counsel in an attempt to resolve the dispute. If he cannot do so, he will instruct counsel to fax a short letter to the court, with copies to all counsel, outlining the nature of the dispute, to which all other counsel shall promptly respond by fax. If the court cannot resolve the dispute, the party seeking relief will then be permitted to make an appropriate motion. Motions returnable in the Motion Support Office and assigned to the Part will be on submission unless the court advises the parties that oral argument is desired. Responsive papers to orders to show cause must be delivered to the courtroom at least one day prior to the return date unless the court indicates otherwise. Absent express permission, reply papers are not to be submitted by the movant on any order to show cause. Orders to show cause may be adjourned by stipulation one time only for no more than two weeks and the stipulation shall be faxed to the court by 4 PM on the business day preceding the return date. Any further adjournments require the approval of the court. The request for any such additional adjournment shall be submitted to the court by fax no later than 4 PM two business days prior to the return date. Counsel are reminded that the CPLR does not provide for any sur-reply papers, however denominated. The submission of papers or letters after the return date is not permitted. Sur-replies and other papers or letters addressed to the substance of motions will not be read or considered. Courtesy copies should not be submitted unless specifically requested by the court. Information on whether decisions have been rendered should be obtained by checking with the appropriate clerk's office or the New York Law Journal. If a self-addressed, stamped envelope is submitted with a letter or note indicating the name and index number of the case, an unentered copy of the court's decision or order will be mailed to counsel. Calls to chambers inquiring about the status of a particular motion or special proceeding should not be made. If a motion is withdrawn or a special proceeding is settled the parties should promptly fax to the court a letter of withdrawal or a stipulation of settlement and discontinuance.
Trials: Trials are scheduled for a date certain generally within 45 days after a compliance conference is held following the filing of a note of issue. Trials are held every day of the week except Tuesdays. In the case of a jury trial, all counsel must submit to the court, at least seven days prior to trial, a witness list, proposed jury instructions and a proposed verdict sheet. A memorandum of law is optional. If the proposed jury instructions are verbatim from the Pattern Jury Instructions, only PJI numbers are necessary. If a PJI instruction is being modified, exact language must be submitted together with the appropriate authority therefor. In the case of a bench trial, all counsel must submit a witness list, proposed findings of fact and a memorandum of law. In all cases, plaintiff's counsel shall submit marked pleadings and a copy of the bill of particulars. Expert and the medical witnesses should not be scheduled on Tuesdays, which is a calendar day. No adjournments will be granted if a witness is unavailable to testify unless the court concludes, in rare instances, that good cause exists.

HON. LAURA DRAGER Part 31, Room 684, 111 Centre Street, Phone: 646-386-3355

HON. CAROL EDMEAD Part 35, Room 543, Phone: 646-386-3322
Motions: Tues. 9:30 A.M. and 11:30 A.M. on a Staggered Schedule

Discovery motions are strongly discouraged. (See also Rules of the Justices, New York County Supreme Court, Civil Branch (Non-Commercial Division), NYLJ, Rule 11).

Motions returnable in the Motion Submission Part Room 130 and assigned to the Part will be on submission unless the court advises the parties that oral argument is required.

Orders to show cause will be returnable in the Part. Responsive papers to orders to show cause must be delivered to the courtroom at least 4 days prior to the return date unless the court indicates otherwise. Absent an emergency, orders to show cause may not be adjourned. If the motion is adjourned, all papers are due in the Part on the Friday before the adjourned date.

In the event a motion has been resolved by withdrawal or settlement of the case, counsel are encouraged to advise the court prior to the Tuesday calendar by promptly faxing to the court a letter of withdrawal or a stipulation of settlement and discontinuance. There shall be no ex parte communications with chambers and there will be no telephone adjournments. (See also NYLJ, Rules 1 (a), 4, 13 (b), 14 (a) and 14 (c)).

Conferences
:

(See
NYLJ, Rule 1(a), 7(c), and 10 (b)).

All preliminary conferences are scheduled for Tuesdays at 2:30 P.M.

Preliminary conferences may not be adjourned. All stipulations of adjournment are subject to court approval and must be on consent, in writing. If there is no consent, the date must be honored and counsel must appear for an oral application for an adjournment. When an order to show cause is filed prior to the scheduling of a preliminary conference, the court will hold the preliminary conference on the return date of the Order to Show Cause, except where an Order involves (1) a reference; (2) a stay of the proceedings, i.e. bankruptcy or (3) the death of a party or other substitutions. (See also NYLJ, Rule 7 (a)).

At a compliance conference, counsel who will actually be trying the case or an attorney fully familiar with trial counsel's schedule must appear. A scheduled conference may be adjourned one time for no more than two weeks by stipulation of the parties faxed to the court by noon on the preceding Friday. Any further adjournments require the approval of the court, which will be granted only for good cause. The request for any such additional adjournment must be submitted to the court by fax no later than 4 P.M. on the preceding Friday. No adjournments will be given over the telephone. (See also NYLJ, Rule 1(b)).

At a pre-trial conference, counsel and their clients must appear unless the court expressly directs otherwise. (See also NYLJ, Rule 1(b)).

Trials:

Trials are scheduled for a date certain generally within 45 days after a compliance conference is held following the filing of a note of issue. Trial dates scheduled by the court are firm and may only be adjourned upon application based upon an emergency. Trials are held every day of the week except Tuesdays, which is a calendar day. No adjournments will be granted if a witness is unavailable to testify unless the court concludes, in rare instances, that good cause exists. (See also NYLJ, Rules 20 and 21, and Pre-Trial Information Sheet available in the Part).

HON. SARALEE EVANS Part 51, Room 103, 71 Thomas Street, Phone: 646-386-3846
Motions: Thurs., 9:30 AM                     Conferences: Thurs., 11 AM

HON. PAUL G. FEINMAN Part 52, Room 289, 80 Centre Street, 646-386-3742
Motions: Thurs., 9:30 AM                     Conferences:  Thurs., commencing at 11 AM

HON. NICHOLAS FIGUEROA
Part 46, Room 325, Phone: 646-386-3279

HON. HELEN E. FREEDMAN Part 39, Room 208, Phone: 646-386-3275

[Special Note: Justice Freedman is a Justice of the Commercial Division and also handles non-commercial matters. For rules governing all of her cases, see the Rules of the Commercial Division Justices.]

HON. MARCY S. FRIEDMAN Part 57, Room 328, 80 Centre Street, Phone: 646-386-3759
                                               Chambers: Room 326, 80 Centre Street, Phone: 646-386-3760
Motions: Thurs., 9:30 AM Conferences: Thurs., 2:15 PM

HON. IRA GAMMERMAN (JHO) (ADMINISTRATIVE COORDINATING JUDGE) Part 40, Room 242, Phone 646-386-3265

HON. PHYLLIS GANGEL-JACOB Part 34, Room 690, Phone: 646-386-3205

HON. JUDITH J. GISCHE Part 10, Room 122, 80 Centre St., Phone: 646-386-3722, E-Mail: EKaspar@Courts.State.NY.US
Principal Court Attorney: Eileen Kaspar, Esq.; Part Clerk: Ida Lee; Law Steno: Dorothy Shelley                                     
Conferences: All preliminary conferences in newly assigned cases are scheduled for Tuesdays at 9:30 A.M., with defaults taken at 11:00 AM.  Whenever an Order to Show Cause is filed before a preliminary conference is scheduled, the preliminary conference will be held on the return date; therefore counsel and the parties must be present at that time.  Preliminary conferences are non-adjournable and must be held within 45 days of the Request for Judicial Intervention.  On Tuesdays only, the court has a staggered calendar.  Further information about the schedule is posted outside the courtroom.   All adjournments must be on consent, in writing.  If there is no consent, the date must be honored and counsel must appear for an oral application for the adjournment.  All stipulations of adjournment are subject to the court's approval and must provide the reason for the adjournment.   Counsel must be prepared to discuss all aspects of a matter, including settlement, at any scheduled conference.
Trials:  Trial dates scheduled by the court are firm and may only be adjourned upon application based upon an emergency.  
Pre-trial ConferencesParties and counsel shall appear the Thursday immediately preceding the first day of trial at 9:30 AM for a pre-trial conference.  All motions in limine must be presented at this time and counsel should be prepared to discuss all evidentiary issues.  Counsel shall submit to the court the following: (1) a witness list, any expert reports not previously provided, and any pretrial memoranda; (2) a proposed statement of disposition, child support worksheet (if applicable) and an updated Net Worth Statement; (3) a list of proposed exhibits; (4) proof of filing the Note of Issue; (5) marked pleadings and the bill of particulars.  For a jury trial, the pre-trial conference shall be the Thursday immediately preceding the first day of trial at 9:30 AM or 10 days before trial, whichever is earlier.  At that time, counsel shall obtain from the Part Clerk a Jury Request Form.  For a jury trial, in addition to the above requirements, counsel shall also submit: (6) requests to charge, proposed verdict sheets, and memoranda of law.  Note: the jury is selected in advance of the trial date.
Motions
:  Orders to Show Cause are all returnable in the Part on Tuesdays at 9:30 AM.  Appearances and oral argument are required on all Orders to Show Cause.  All Orders to Show Cause must be first processed through the Ex Parte Motion Office, 60 Centre Street, Room 315 at 60 Centre Street.  All Notices of Motion (but not Notices of Cross Motion) are returnable in the Motion Support Office Courtroom (Room 130 at 60 Centre Street).  Adjournments of those motions are to be addressed to Motion Support, not the Part.

HON. EMILY JANE GOODMAN Part 17, Room 422, Phone: 646-386-3283
Attorneys trying cases before Justice Goodman are required to comply with the following:  
By 5 p.m. on the second day of trial, each side must submit to the Part Clerk one original and one copy of their proposed jury instructions and proposed verdict sheet, along with a computer disk.  The originals must be given to the Park Clerk and the copies to the Law Clerk.
Jury Instructions:  Each side must submit a list with every PJI charge number requested.  The submission must include any required additional language or information (e.g., the name of the interested witness, missing witness or expert, plaintiff's statistical life expectancy, etc.).
Verdict Sheet:  Follow the format of the attached Form Verdict Sheet, modifying where appropriate.  Counsel with questions should promptly contact Justice Goodman's Law Assistant, Andrea Field, at 646-386-3235.  
Failure to comply with the above guidelines and timetables may prevent full consideration of your requests and will cause unnecessary delay.

HON. SHERRY KLEIN HEITLER Part 30, Room 438, Phone: 646-386-3291
Motions: Motions will be heard at times specifically designated in an order to show cause. Counsel must adhere to the schedule so provided.

HON. CAROL E. HUFF Part 32, Room 331, Phone: 646-386-3281

HON. DEBRA JAMES Part 59, Room 1254, 111 Centre Street, Phone: 646-386-3351

HON. BARBARA R. KAPNICK Part 12, Room 341, Phone: 646-386-3273
Motions: Wed., 2:15 PM. Parties will be advised if argument is required on substantive motions. Discovery motions returnable in the Motion Support Office Courtroom (Room 130) will automatically be rescheduled for the second Wednesday following the week of submission.
Conferences: Wed., 9:30 AM. No adjournments by phone.

HON. SHIRLEY KORNREICH Part 54, Room 1227, 111 Centre Street, Phone: 646-386-3362
Motions:
  Motions are heard on Thursdays at 9:30 AM. Discovery motions are strongly discouraged. If a discovery dispute arises after a preliminary or compliance conference order is issued, counsel should, prior to making a motion, telephone the Part Clerk, Ms. Celia Rodriguez, at 646-386-3362 to advance the date of the next conference scheduled in the order. If the dispute is not resolved at the new conference, the party seeking relief will be permitted to make an appropriate motion.  Orders to show cause will be returnable in the Part. When an Order to Show Cause is filed prior to the scheduling of a preliminary conference, the court will hold the preliminary conference on the return date of the Order to Show Cause.  No motions may be adjourned without consent of the Court. Absent emergency, requests for adjournments must be submitted to the Part two business days before the return date. If the motion is adjourned, all papers are due in the Part on the Monday before the adjourned date. Counsel are reminded that the CPLR does not provide for any sur-reply papers, however denominated. Nor does the Court accept reply papers on Orders to Show Cause. The submission of papers or letters after the return date is not permitted. Sur-replies and other papers or letters addressed to the substance of motions will not be read or considered. Courtesy copies should not be submitted unless specifically requested by the court. Information on whether decisions have been rendered should be obtained by checking with the appropriate clerkís office. The Court sends courtesy copies of all decisions. (If counselís email address is provided with motion papers, a courtesy copy will be emailed to counsel immediately after the decision is signed.)  Calls to chambers inquiring about the status of a particular motion or special proceeding should not be made. If a motion is withdrawn or a special proceeding is settled, the parties should promptly contact the Part Clerk, Ms. Celia Rodriguez, by faxing to the Part (212.374.6360) a letter of withdrawal or a stipulation of settlement and discontinuance.
Conferences
:
  All preliminary conferences in newly assigned cases are scheduled for Thursdays at 9:30 A.M. Preliminary conferences are non-adjournable and must be held within 30 days of the Request for Judicial Intervention. All stipulations of adjournment are subject to Court approval and must be on consent, in writing. If there is no consent, the date must be honored and counsel must appear for an oral application for the adjournment. Counsel appearing at a preliminary, compliance or status conference are expected to be familiar with the case and to have the authority to discuss all discovery issues and possible settlement. At a compliance conference, counsel who will actually be trying the case or an attorney fully familiar with trial counselís schedule must appear. Further, where a compliance or status conference concerns the scheduling of depositions, counsel must have with them dates on which they and/or their clients are available to appear. 
Trials:  Trial dates scheduled by the Court are firm and may only be adjourned upon application based upon emergency. At least three days prior to any scheduled trial, counsel and pro se parties are required to serve and submit the following:

a. A witness list, any expert reports not previously provided, and any pretrial memoranda and in limine motions;

b. Proof of filing the Note of Issue; for a jury trial, at least five days before trial, counsel shall obtain from the Part Clerk a Jury Request Form.

c. Marked pleadings and the bill of particulars;

d. In a jury trial, requests to charge, contentions and a proposed verdict sheet.

If a case is settled, the parties must promptly fax to the Court a stipulation of settlement and discontinuance outlining the terms of the settlement.

HON. EDWARD H. LEHNER
Part 19, Room 252, Phone: 646-386-3277
Motions: Fri., 9:30 AM

HON. DORIS LING-COHAN Part 62, Room 279, 80 Centre Street, Phone: 646-386-3733

HON. ROBERT D. LIPPMANN Part 21, Room 280, 80 Centre Street, Phone: 646-386-3738
Motions: Thurs., 9:30 AM Conferences: Thurs., 2:00 PM (Preliminary); Tues., Wed., 10:30 AM (Pretrial)

HON. JOAN B. LOBIS Part 20, Room 345, Phone: 646-386-3312
Motions: Thurs., 2:00 PM

HON. JOAN A. MADDEN Part 11, Room 351, Phone: 646-386-3314
Motions: Thurs., 9:30 AM   Conferences: Thurs., 9:30 AM 

HON. WILLIAM MCCOOE Part 37, Room 512, Phone: 646-386-3223

HON. DONNA MILLS Part 58, Room 574, 111 Centre Street, Phone:646-386-3347

HON. KIBBIE F. PAYNE   Part 4, Room 136, 80 Centre Street, Phone: 646-386-3726
Law Clerk:  Irene Bees, Esq.           
Motions: Motions and special proceedings submitted in the Motion Support Office will be rescheduled for oral argument at 2:15 P.M. on the second Wednesday following the week the application was submitted. Only counsel who are fully familiar with the case in which they appear and fully authorized to enter into agreements shall appear for oral argument. Counsel are advised that the court will not accept supplemental papers, commonly referred to as sur-replies, after submission or argument of the application. Any such papers, and/or responses thereto, if submitted without authorization by this court will not be considered or read and shall be returned to the sender. Parties shall not send courtesy copies of papers to chambers. There shall be no ex parte communications with chambers and there will be no telephone adjournments. Counsel should not telephone chambers. Information on case activities, including the issuance of decisions and orders, shall be obtained either by contacting the Part Clerk or by using the computerized public access system, courthouse access system or reading the New York Law Journal. However, if counsel includes a stamped, self addressed envelope with their motion papers a copy of the unfiled decision will be mailed.
Trials: Counsel shall consult with one another prior to trial and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection. Each side shall mark its own exhibits. Each party shall identify in writing the witnesses it intends to call, the order in which the witnesses shall testify and the estimated length of their testimony. The parties shall provide the court with a proposed request for charge and a proposed verdict sheet. For bench trials each counsel shall submit a witness list, a proposed finding of facts and a trial memorandum.

HON. ROSALYN RICHTER Part 24, Room 418, Phone: 646-386-3285
Motions: Tues., 9:30 AM                                                      Conferences: Tues., 2:15 PM 

HON. ALICE SCHLESINGER Part 16, Room 222, Phone: 646-386-3318
Motions: Wed., 9:30 AM (Discovery), 2 PM (Substantive) Conferences: Wed., 9:30 AM

HON. MARTIN SCHOENFELD Part 28, Room 517, Phone: 646-386-3232

HON
. MARILYN SHAFER Part 36, Room 278, 80 Centre Street, Phone: 646-386-3728
Conferences are held on Fridays at 9:30 AM and motions are heard on Fridays at 10:30 AM, unless otherwise scheduled.  Counsel are directed to produce all prior discovery stipulations and orders at these conferences.  Only counsel fully familiar with the action shall appear at these conferences.  Applications to adjourn a court appearance must be made to the court by telephone conference call with all parties on the line.  Stipulations submitted to the court adjourning a court appearance without prior court approval are not accepted, including stipulations submitted to the Part on the date of the scheduled appearance.  All motion papers mailed or delivered to Part 36 after the motion is marked submitted in the Motion Submission Part will not be accepted by the court unless accompanied by a stipulation, signed by all parties, consenting to the late submission.  All inquiries regarding a pending matter should be directed to the Part Clerk at 646-386-3728.

HON. MARTIN SHULMAN, Part 1, Room 1127, 111 Centre Street, Phone: 646-386-5687

HON. JACQUELINE W. SILBERMANN Part 50-L, Room 228, Phone: 646-386-3267
Motions & Conferences (Pretrial): Wed., 2:15 PM of the week prior to scheduled trial.
Presiding Justice, Special Refereesí Part, 50-R, Room 228

The following rules are hereby adopted for Part 50 R:

The Special Referee Assignment Calendar will be called, promptly, at 9:30 AM in Room 228 at 60 Centre Street, unless otherwise posted.

Order of Reference: Issues referred to a Special Referee are limited to those specifically set forth in the order of reference. A copy of the order or decision referring a specific issue to a Special Referee must be served by counsel upon the Special Referee Clerk, Motion Support Office, Room 119, at 60 Centre Street, as soon as possible after issuance of the decision/order and in any event within 60 days thereof. The order should be accompanied by an information cover sheet (copies available in Room 119 and on the courtís website (the address of which is: (www.courts.state.ny.us/supctmanh)) indicating the title of the action, index number, issues being referred, estimated time of the hearing, and the names, addresses, and telephone numbers of the parties to be notified of the calendar/hearing date. Once a case is placed on the calendar for assignment to a Special Referee, it will be assigned as promptly as the availability of Special Referees permits. Cases are almost always assigned to a Referee and the hearing normally commences on the original hearing date fixed by the court. Therefore, attorneys are expected to have their witnesses and exhibits present and ready on the original hearing date and any allowed adjourned date.

Adjournments: One adjournment (maximum four weeks) may be obtained by stipulation of all parties submitted to the Special Referee Clerk in advance of the original date, or on the call of the calendar. A second adjournment will be permitted upon submission to the Special Referee Clerk of a stipulation of all parties; such a stipulation shall be for no more than two weeks and the matter shall then be marked final. All other applications must be made on the call of the calendar. Since the hearing will normally commence on the original hearing date, counsel must confer and attempt to agree upon any first and second adjournment prior to that hearing date to avoid any inconvenience for counsel, parties and witnesses. If no agreement can be reached and an application will be made, the applicant must so advise all counsel prior to the hearing date. An application for an initial or second adjournment that has not been stipulated to will be granted only where advance notice was given to the other side and upon a showing of good cause. No more than two adjournments will be allowed. Adjourned dates requested by counsel must be supported by good reasons and counsel must have confirmed the availability of witnesses for those dates. The court may shorten such dates if the calendar permits or may extend them if the calendar cannot accommodate the requested date.

Restoration to Calendar: A reference may be marked off, but only where a compelling reason is shown (e.g., bankruptcy stay) (general scheduling preferences of counsel do not constitute such a reason), or in the event of no appearance by either side. If a reference is marked off for the latter reason, a new order from the assigned Justice will be required to restore the reference to the calendar.

Requests for adjournments or restorations and other applications will not be accepted by telephone. Do not telephone Justice Silbermann or the Part. If necessary, direct all other inquiries to the Special Referee Clerk, Motion Support Office, Room 119 at 646-386-3028.

Copies of stipulations for a first or second adjournment in compliance herewith may be transmitted to the Special Referee Clerk by fax (212-401-9186). Special Referees:

Hon. Beverly Cohen, JHO

80 Centre St., Room 116

646-386-3719

Louis Crespo, Jr.

71 Thomas St.,   Room 203

646-386-3794

Marilyn Dershowitz

Room 651

646-386-3657

Nicholas Doyle

Room 561

646-386-3653

Lancelot B. Hewitt

80 Centre St., Room 321

646-386-3860

Sue Ann Hoahng

80 Centre St., Room 476

646-386-3676

Howard G. Leventhal

Room 330

646-386-3630

Marian R. Lewis

Room 637

646-386-3656

Steven E. Liebman

Room 641

646-386-3662

Leslie S. Lowenstein

71 Thomas St., Room 300

646-386-3792

Laurie Versace  Room 611 646-386-3170

HON. STANLEY L. SKLAR Part 29, Room 212, Phone: 646-386-3302
Motions: Thurs., 9:30 AM, 2 PM (Notice will be given as to time of each motion). Generally, motions regarding bills of particulars, discovery, certificates of merit, late notice of malpractice action, and withdrawal of counsel will be heard at 9:30 AM and other motions will be heard at 2 PM. The Motion Support Office will provide individual notice as to the motion time. Calendars are also published.  

HON. KAREN S. SMITH  Part 44, Room 581, 111 Centre Street, 646-386-3370
Motions: Thurs., 9:30 AM                                    Conferences: Thurs., 11:30 AM


HON. JANE S. SOLOMON
Part 55, Room 432, Phone: 646-386-3289
Motions: Mon., 10 AM (unless otherwise directed). Contested discovery motions will generally be set down for an appearance in the Part. Other contested motions will be argued as determined by the court. The Part Clerk will phone the movant and give notice of the date and time of argument. The court attempts to stagger appearances. Movant must notify all parties and confirm availabilities. Because counsel are so consulted, adjournments beyond the first as of right are not freely given; except for personal emergencies, no consideration is given to requests for adjournments made after the Thursday before argument. Counsel for all parties must appear at all arguments.
Orders to Show Cause: On orders to show cause returnable in the Part, originals of all subsequent papers should be delivered to the Part shortly after service. The court will attempt to review proposed orders as soon after presentation as possible. To expedite review, counsel may telephone the Part or the Law Secretary to make an appointment.
Conferences: Mon., 2 PM (Preliminary); AM or PM, as set by the court (Other Conferences). Conferences are staggered.
Courtroom Operations: Counsel in any case assigned to Part 55 who seek to establish or alter a discovery schedule should call the Part Clerk to arrange a conference. Written requests for conferences should be concise. Communications relating to all pending matters should be directed to the Part. Materials submitted for signature must be accompanied by a brief letter of explanation.

HON. FAVIOLA SOTO  Part 7, Room 949, 111 Centre Street, Phone: 646-386-3374

HON. JOHN E.H. STACKHOUSE  Part 14, Room 308, 80 Centre Street, Phone: 646-386-3750
Conferences:  Whenever an Order to Show Cause is filed before a preliminary conference is scheduled, the preliminary conference will be held on the return date; therefore counsel and the parties must be present at that time.  All adjournments must be on consent; if there is no consent, the date must be honored and counsel must appear for an oral application for the adjournment.  All stipulations of adjournment are subject to the court's approval and must provide the reason for the adjournment.   Counsel must be prepared to discuss all aspects of a matter, including settlement, at any scheduled conference.
Trials:  Trial dates scheduled by the court are firm and may only be adjourned upon application based upon an emergency.  
Pre-trial Conferences:  Parties and counsel shall appear one week preceding the first day of trial at 9:30 AM for a pre-trial conference.  All motions in limine must be presented at this time and counsel should be prepared to discuss all evidentiary issues.  Counsel shall submit to the court the following: (1) a witness list, any expert reports not previously provided, and any pretrial memoranda; (2) a proposed statement of disposition, child support worksheet (if applicable) and an updated Net Worth Statement; (3) a list of proposed exhibits; (4) proof of filing the Note of Issue; (5) marked pleadings and the bill of particulars.  For a jury trial, the pre-trial conference shall be at 9:30 AM 10 days before trial.  At that time, counsel shall obtain from the Part Clerk a Jury Request Form.  For a jury trial, in addition to the above requirements, counsel shall also submit  requests to charge, proposed verdict sheets, and memoranda of law.  Note: the jury is selected in advance of the trial date.
Motions
:  Orders to Show Cause are all returnable in the Part on the designated date.  All orders to show cause will be argued and returnable in the Part at the time and date desiganted by the court.  All motions on notice are returnable in the Motion Support Office Courtroom (Room 130 at 60 Centre Street).  If the court wishes oral argument, you will be notified.  Adjournments of these motions are to be addressed to the Motion Support Office, not Part 14.  Motions returnable in the Submission Part must include self-addressed stamped envelopes from both sides.

HON. MICHAEL D. STALLMAN Part 5, Room 307, 80 Centre Street, Phone: 646-386-3746
Motions: Motions and orders to show cause are returnable for submission in the Motion Support Office Courtroom (Room 130) unless otherwise directed by the court. If required by the court, oral argument or conference will be scheduled for a later date that the court will determine.
Conferences: Conferences on pre-note cases are generally scheduled Tuesday and Wednesday mornings at 9:30 and 11:00 AM, or at such other day and time as the court may direct. Conferences on special proceedings may be directed by the court.

HON. LUCINDO SUAREZ Part 38, Room 519, Phone: 646-386-3241

HON. MILTON A. TINGLING Part 22, Room 321, Phone: 646-386-3271
Motions: Wed., 9:30 AM  Conferences: Mon.-Fri., 9:30 AM

HON. WALTER B. TOLUB Part 15, Room 335, Phone: 646-386-3316
Motions: Fri., 9:30 AM Conferences: Fri., 11 AM

HON. LAURA VISITACION-LEWIS Part 26, Room 355, Phone: 646-386-3308

HON. LOTTIE E. WILKINS
Part 18, Room 104, 71 Thomas St., Phone: 646-386-3850

HON. LOUIS B. YORK
Part 2, Room 205, 71 Thomas Street, Phone: 646-386-3852
Argued Motions: Wed., 9:30 AM. One call only. Conferences: Wed., 2 PM.
Courtroom Operations: The court will consider applications for adjournments only by telephone conference including all parties, or by stipulation with permission of the court, or by application on the return date of the motion or conference.

Listing of Parts in Order and Justices Assigned 
(excluding Commercial)

PART

JUDGE

1 SHULMAN

2

YORK

4

PAYNE 

5

STALLMAN

6

BRANSTEN

7 SOTO
            9             BEELER
10 GISCHE

11

MADDEN 

12

KAPNICK

13

ABDUS-SALAAM

14

STACKHOUSE

15 

TOLUB

16

SCHLESINGER

17

GOODMAN

18

WILKINS

19

LEHNER

20

LOBIS 

21 LIPPMANN

22

TINGLING

23

BRAUN

24 RICHTER

25

DeGRASSE

26 VISITACION-LEWIS

28

SCHOENFELD

29

SKLAR

30

HEITLER 

31

DRAGER

32

HUFF

33

DAVIS

34

GANGEL-JACOB

35 EDMEAD

36

SHAFER

37

McCOOE

38

SUAREZ

40

GAMMERMAN

41

UPSTATE

42

UPSTATE

43

UPSTATE

44 SMITH

46

FIGUEROA

48

DIAMOND

50L
SILBERMANN

50r

SILBERMANN

51

EVANS

52 FEINMAN
54 KORNREICH

55

SOLOMON

57

FRIEDMAN, M.

58

MILLS

59

JAMES

61

ACOSTA

62 LING-COHAN

 

 

RULES

 

Parts II and IV of these Rules are inapplicable to condemnation and tax certiorari cases. Emergency medical hearings and proceedings under the Mental Hygiene Law have their own special rules. Part V is applicable to matrimonial cases only.

 

I

GENERAL RULES

Rule 1. Appearances by Counsel; Knowledge and Authority.

(a) Counsel who appear at preliminary conferences must have sufficient familiarity with the case and authority to be able to discuss a discovery schedule in a meaningful way and to enter into agreements with regard thereto. Counsel who appear at other conferences and at the argument of motions must be familiar with the entire case in regard to which they appear and fully authorized to enter into agreements, both substantive and procedural, on behalf of their clients; at any such appearance, the court may inquire about the possibility of settling the case or wish to address pre-trial scheduling and discovery issues.

(b) Counsel must bring to any compliance conference copies of all prior discovery scheduling orders. Counsel must bring to all settlement conferences copies of pleadings, bills of particulars, medical reports, and all other documents essential to productive settlement discussions.

Rule 2. Settlements and Discontinuances; Change of Counsel. If an action is settled, discontinued, or otherwise disposed of, in whole or in part, counsel for the defendant affected shall immediately file a copy of the stipulation or a letter with the Clerk of the Part and the Trial Support Office (Room 158). If at the time of the disposition a motion is pending that is rendered moot by the disposition, it is imperative that the Part be informed immediately so that the court does not waste time working on the motion. If counsel is changed on consent, a copy of the form shall be filed in the Trial Support Office and with the Clerk of the Part. Filing a stipulation of discontinuance or consent form with the County Clerk does not suffice. Absent submission of a consent form, an attorney of record will continue as such unless a motion by order to show cause to withdraw as counsel is granted by the court. If an order granting such relief is issued, counsel must serve a copy on the Trial Support Office and all other counsel. A notice of appearance shall be filed by substitute counsel with the Trial Support Office and the Clerk of the Part.

Rule 3. Cases Marked Off Calendar. Any case that is "marked off" the trial calendar or "marked off" active status in the pre-note phase will be deemed to have been dismissed if one year passes without restoration. CPLR 3404. Restoration must be sought within one year from the date the matter is marked off. Restoration must be pursuant to a so ordered stipulation or the granting of a properly supported motion. If prior to the effective date of these rules the Clerk marked a case off as a result of a Clerkís Call for which a Law Journal announcement was the only notice given, restoration may be by submission of a written request by letter to the Trial Support Office (Room 158) with copies served upon all parties.

Rule 4. Information on Cases. Information on future court appearances can be found on the court systemís Future Court Appearance System site (at http://www.courts.state.ny.us). Information on all scheduled court appearances and other case activity, including the issuance of decisions and orders, can be obtained from Datacase (1-800-494-8981), www.CourtAlert.com, courthouse terminals or the New York Law Journal. The Clerk of the Part in question can also provide information about scheduling in the Part (trials, conferences, and arguments on motions in the Part). Counsel should not telephone Chambers. Decisions of the court are posted on the New York County website (at http://www.courts.state.ny.us/supctmanh/).

Rule 5. Papers; Litigation Correspondence. All papers must be legible, in at least 10 point type, double-spaced, securely bound, and must comply with Part 130 of the Rules of the Chief Administrative Judge. Illegible papers will not be read or signed. All papers must include the caption and index number, and the name, address, and phone number of counsel filing the paper. Unless indicated otherwise by the court in a particular case or in the Basic Information section above, Justices do not accept papers by fax. Copies of correspondence between or among counsel shall not under any circumstances be sent to the court for informational purposes.

Rule 6. Making a Record. Upon request, the court shall afford a party which feels itself aggrieved by an oral directive of the court not on the record an opportunity to make a record for appellate purposes.

 

II

CONFERENCES AND DISCOVERY

Rule 7. Preliminary Conferences; Requests. Compliance Conferences; Status Inquiries or Notices.

(a) A preliminary conference will be held or a case scheduling order issued (i) within 45 days of assignment of a case to a Justice, unless impracticable for unusual reasons; or (ii) where a Request for Judicial Intervention is accompanied by a dispositive motion, within 45 days following disposition of such motion (if not mooted by that disposition). Cases will be assigned to a differentiated case management (DCM) track (see Uniform Rule 202.19(b)) at the preliminary conference or earlier. The court will afford all parties an opportunity to raise objections to any case scheduling order issued without a conference. Unless there is a discovery dispute outstanding, parties may submit to the Part Clerk in advance of a scheduled preliminary conference a Preliminary Conference Stipulation and Order form (Uniform Rule 202.12(b)) (which must be accompanied by a stamped, self-addressed envelope for each party wishing a copy) containing dates in compliance with these Rules and the Uniform Rules and, unless the court directs otherwise, the scheduled conference shall be canceled. Requests for preliminary conferences in unassigned cases should be filed with a Request for Judicial Intervention in the Trial Support Office (Room 158). In assigned cases, if the court itself does not direct a conference in a decision or otherwise or issue a scheduling order, counsel should contact the Part Clerk.

(b) In order to assure itself that discovery is proceeding properly, the court may (i) schedule compliance conferences at one or more intervals in the pretrial process; or (ii) require responses to status inquiries or transmit reminder notices.

(c) Failure to appear at any scheduled conference may result in the imposition of appropriate sanctions. Uniform Rule 202.27.

(d) The court utilizes distinct forms of preliminary conference order in General, Medical, Dental and Podiatric Malpractice, City, Matrimonial, and Motor Vehicle cases. See the website (at http://www.courts.state.ny.us/supctmanh/) for these forms.

(e) Motor Vehicle cases and most tort cases against the City of New York are part of the courtís automated DCM program. See the "Courthouse Operations" section of the courtĎs website (at http:www.courts.state.ny.us/supctmanh/).

Rule 8. Adjournments of Conferences. Except as provided for by Rule 26 for matrimonial cases, the parties may adjourn any preliminary conference once for no more than 21 days, but only by submission of a written stipulation to the Part Clerk on or before the scheduled date thereof. Appearance by counsel is not required. Adjournments of compliance and pretrial conferences are allowed only with advance permission of the court for good cause; counsel should contact the Part Clerk in such instances.

Rule 9. Consultation Prior to Preliminary and Compliance Conferences and in Response to Status Inquiries or Notices.

(a) Prior to a preliminary or compliance conference, counsel for all parties shall consult one another about, and shall make a good faith effort to reach agreement on, (i) resolution of the case, in whole or in part, including possible referral to alternative dispute resolution ("ADR") and (ii) discovery and any other issues to be discussed at the conference. Prior to any conference at which discovery may be addressed, counsel should determine the availability of client witnesses who have been noticed or ordered to appear for deposition but have not yet done so.

(b) Counsel who receive a status inquiry or notice from the court in any case in which there are outstanding discovery problems shall promptly consult one another in an effort to reach a resolution without court intervention. Problems not so resolved must immediately be brought to the attention of the court as set forth in Rule 11 below.

Rule 10. Discovery Schedule.

(a) All Parts carrying inventories will practice active case management. Case scheduling orders or preliminary conference orders will contain, as appropriate to the case as determined by the court, and taking into account the DCM deadline, (i) a comprehensive disclosure schedule, including dates for the completion of impleader and discovery, motion practice, a compliance conference, and the filing of a note of issue, and, wherever practical, a target trial date; and (ii) provisions for early and cost-effective disposition of cases, such as references to ADR or a schedule of limited-issue discovery.

(b) Strict compliance with all discovery orders is required. No extensions of such deadlines shall be allowed except with the advance permission of the court and only for good cause. Non-compliance with a discovery order or wilful refusal to comply with a proper discovery demand may result in the imposition of sanctions or an appropriate penalty, such as waiver of a deposition or preclusion.

(c) If certain discovery is scheduled to be provided in advance of other discovery but is not provided on time, any party which believes itself aggrieved and wishes an adjournment of the schedule must immediately ask the court to intervene as provided in Rule 11. Failure to do so in a timely fashion may result in a denial of the extension. If a defendant in a multi-party case fails to appear for deposition as scheduled, absent advance permission of the court, other defendants must nevertheless appear for their depositions as originally scheduled.

Rule 11. Disclosure Disputes and Motions. If counsel are unable to resolve a discovery dispute in the manner called for by Uniform Rule 202.7, the aggrieved party shall contact the Part Clerk promptly, within any applicable deadline, and prior to bringing on a formal motion. As appropriate in the circumstances, the court may direct submission of concise letters or a telephonic or in-court conference.

Rule 12. Expert Disclosure. Unless otherwise directed by the court, a party having the burden of proof shall serve a response to an expert demand pursuant to CPLR 3101(d) no later than 60 days prior to the date set by the court for trial. Within 30 days after receipt of this response any adverse party shall serve its response. Amended or supplemental expert disclosure shall be allowed only with the permission of the court. The term "expert" shall not include a treating health care provider whose records and reports have been timely provided.

 

III

MOTIONS

Rule 13. Motions on Notice; Orders to Show Cause.

(a) Except as provided in subdivision (b) of this Rule, motions should be brought on by notice of motion and should be made returnable in the Motion Support Office Courtroom (Room 130). The procedures of the Office are explained in the courtís Summary of Operations published on the courtís website (at http://www.courts.state.ny.us/supctmanh/). Depending upon the Part to which they are assigned, contested motions submitted in the Motion Support Office Courtroom will be submitted without argument, or rescheduled for oral argument if so directed by the assigned Justice. The Basic Information section of these Rules contains information on the argument mechanism in the Parts. See also Rule 15. In addition, counsel may determine how a motion submitted in Room 130 was marked by consulting the New York Law Journal on the two days immediately following the submission date.

(b) Motions should be brought on by order to show cause only when there is genuine urgency, a stay is required or a statute mandates so proceeding. CPLR 2214(d)("The court in a proper case may grant an order to show cause ....")(emphasis added). Motions seeking provisional remedies usually should be brought on by order to show cause. Absent permission, reply papers should not be submitted on orders to show cause. Unless otherwise directed in the Basic Information section above or in an order to show cause, original opposition papers on orders to show cause made returnable in the Part shall be delivered to the Part Clerk at least one business day prior to that date.

Rule 14. Motion Papers. (a) So as to facilitate the framing of a decision and order, the movant shall specify, clearly and comprehensively, in the notice of motion or order to show cause, the exact relief counsel seeks. Counsel must attach copies of all pleadings and other documents as required by the CPLR and as necessary for an informed decision on the motion. The fact that pleadings or other documents were filed with the County Clerk does not satisfy this Rule. Documents in a foreign language shall be properly translated (CPLR 2101(b)). Whenever reliance is placed upon a decision or other authority not officially published or readily available to this court, a copy of the case or of pertinent portions of the authority shall be submitted with the motion papers. Motion papers shall be on 8 Ĺ x 11 inch paper, bearing margins no smaller than one inch, and shall comply with Rule 5 above. CPLR 2101; Uniform Rule 202.5(a). The print size of footnotes shall be no smaller than nine-point. Rules of the Appellate Division, First Department, Section 600.10(a). Unless advance permission otherwise is granted by the court for good cause, memoranda of law shall not exceed 30 pages each (exclusive of table of contents and table of cases) and affidavits/affirmations shall not exceed 25 pages each. Pages shall be numbered. Legal arguments shall be made in memoranda of law, not affidavits/affirmations. Courtesy copies shall not be submitted unless requested by the court. (b) Counsel must always use exhibit tabs. Exhibits must be legible and, if necessary, a retyped version of any copies that are difficult to read should also be included. If an exhibit is printed on both sides of a page (e.g., deposition transcript), the papers shall be bound on the side, not the top. If a document to be annexed to an affidavit or affirmation is voluminous and only discrete portions are relevant to the motion, counsel shall attach excerpts; if the entire exhibit is not necessary to a proper consideration of the motion, counsel need not file it but shall have a copy available for prompt production should the court require it.

(c) Counsel are reminded that the CPLR does not provide for sur-reply papers, however denominated. Similarly impermissible is the presentation of papers or letters to the court after submission of a motion in the Motion Support Office Courtroom (Room 130), or after argument in the Part, if any, unless the court gives express permission in advance. Materials presented in violation of this Rule will not be read. Opposing counsel who receives a copy of materials submitted in violation of this Rule should not respond in kind.

Rule 15. Oral Argument; Adjournments.

(a) As to motions submitted in the Motion Support Office Courtroom (Room 130) before Justices who require the automatic rescheduling of motions for argument, the argument date will be published in the New York Law Journal on the two days following such submission. As to motions submitted in the Courtroom before Justices who schedule argument on a case-by-case basis, individual notice will be transmitted by the Part or the Motion Support Office (Room 119). Unless otherwise directed, arguments will take place on the motion day indicated in the Basic Information section. Motions seeking provisional remedies will generally be argued. Counsel should not request argument by separate correspondence. When argument is scheduled, counsel must appear to argue or the motion may be denied on default or otherwise disposed of notwithstanding any papers previously submitted. Testimonial hearings will not take place on the motion days listed above. Calendars of motions to be argued in the Parts are published on the morning of the return date and on the day before in the New York Law Journal under each Part.

(b) Unless provided otherwise in the Basic Information section: argument may be adjourned for good cause; there shall be only one adjournment, for no more than 14 days, unless otherwise directed by the court for good cause; a request shall be made, after consultation with the adversary, by letter delivered to the Part at least two days in advance of argument.

Rule 16. Temporary Restraining Orders. Absent extraordinary circumstances, or if the identity of opposing counsel cannot be determined, the court may decline to issue a temporary restraining order unless the applicant has given notice to the opposing parties sufficient to permit them an opportunity, if so inclined, to appear and contest the application. A temporary restraining order directed to a public officer, board or municipal corporation of the state will not be granted ex parte. CPLR 6313 (a).

Rule 17. Stay of Disclosure; Motions for Summary Judgment. A request for an order lifting the stay of disclosure pursuant to CPLR 3214(b) shall be made at argument or at a teleconference or conference. Unless specified otherwise in a particular case, pursuant to CPLR 3212(a) all motions for summary judgment must be made no later than 60 days after the filing of the note of issue.

 

IV

TRIALS

This section sets forth trial procedures followed in pure IAS Parts and back-up Trial Parts (except when the timing of referral to a back-up Part makes compliance impossible). However, since the nature of particular cases may make departure from some aspects of Rules 20 and 21 efficient and appropriate, counsel should in every instance confirm with the court at the pre-trial conference the Justiceís directive regarding applicability of these procedures to the case.

Rule 18. Pretrial Conference. The court will conduct a pretrial conference in every standard and complex case. Settlement will be explored and a trial date will be confirmed or a firm date set. Prior to the pretrial conference, counsel shall confer in a good faith effort to identify issues not in contention, resolve all disputed questions without need for court intervention, and settle the case. Unless otherwise directed by the court, each party must be represented at the pretrial conference by counsel having full knowledge of the case and specific authority to settle or the ability immediately to contact by telephone a person with such authority. To permit the fixing of a trial date, counsel must, prior to the conference, consult their own schedules and those of their witnesses and be prepared to furnish a realistic estimate of the trialís length and discuss a trial date unless previously fixed. Counsel must also be prepared to discuss settlement in detail as provided in Rule 1, as well as all matters as to which there is agreement between the parties. At or before the conference, the court may, in standard and complex cases, require the parties to prepare a written stipulation of undisputed facts or a pre-trial order.

Rule 19. Trial Schedule in Pure IAS Parts.

(a) Insofar as possible, trials in pure IAS Parts will be scheduled at least one month in advance. As the schedules of counsel and witnesses will have been taken into account in determining the final date, counsel will be expected to be ready to proceed at that time either to select a jury or to begin presentation of proof. Hence, once a firm trial date is set and counsel are so informed, counsel must immediately reconfirm the availability of witnesses and their own schedules. If for any reason, including trial commitments in other Parts or courts, counsel are not prepared to proceed on the scheduled date, counsel must inform the court of the difficulty within seven days of the date on which counsel were given the firm trial date. Absent extraordinary circumstances, failure of counsel to provide such notification will be deemed a waiver of any objection to the trial date because of the unavailability of a witness or a conflict in the schedule of trial counsel.

(b) The court will endeavor, through contact with Justices in other Parts and courts, to resolve trial scheduling difficulties for counsel who notify the court in accordance with subdivision (a) of this Rule and in instances of extraordinary and unanticipated conflicts. The court will resolve such problems in a reasonable fashion and in accordance with Part 125 of the Rules of the Chief Administrator (Uniform Rules for the Engagement of Counsel), taking into account the need not to waste judicial trial time or the time of jurors, the demands upon trial counsel, and the importance of the clientsí right to the attorney of their choice.

(c) The jury shall be selected in accordance with Uniform Rule 202.33. Witnesses at trial are to be scheduled so that all trial time is completely utilized. Unless directed otherwise by the Justice, trials will proceed on a day-to-day basis from 9:30 A.M. to 5:00 P.M. The trial schedule will normally be interrupted only to the extent required to accommodate the argument of motions and conduct of conferences. See the Basic Information section.

Rule 20. Pretrial Identification of Exhibits and Deposition Testimony in Pure IAS Parts. Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the exhibits and portions of deposition testimony (with the deletion of irrelevant matter) that will be offered into evidence as direct testimony without objection. Each side shall then mark its exhibits to which no objection has been made, with plaintiff using numbers and defendant letters. Each side shall thereafter mark the contested exhibits, continuing the sequence previously used but also marking each exhibit with the letter "Q". At least five days prior to trial, each party shall submit to the court and other counsel (i) a list of the uncontested and the contested exhibits and a copy of the latter; and (ii) a list of testimony to be offered by it as to which objection has not been made; identified separately and clearly, a list of testimony as to which objection has been made; and a copy of the portions of testimony as to which objection has been made. If the submissions are voluminous, counsel shall consult the Part Clerk for guidance. The court will rule on objections at the earliest possible time after consultation with counsel.

Rule 21. Marked Pleadings and Other Pre-Trial Submissions in Pure IAS Parts. Seven days prior to trial, counsel shall submit to the court marked pleadings and the bill of particulars; a list of witnesses (direct case); in a jury case, requests to charge, a proposed verdict sheet, and a memorandum of law or copies of authorities addressed to any unusual jury charge requests; in a non-jury case, proposed findings of fact and conclusions of law; and, in all jury cases in which doing so will facilitate efficient presentation of proof and in all non-jury cases, pretrial memoranda. If counsel wishes the court to charge verbatim from the Pattern Jury Instructions, it is sufficient if the request cites the PJI charge by number only. All other requested charges should be written out in full. Unless otherwise directed by the court in advance, pretrial memoranda shall be no longer than 20 pages, with print size and margins in compliance with Rule 14 and there shall be no reply memoranda.

Rule 22. Subpoenaed Records. Subpoenaed records should be directed to and may be reviewed at the Subpoenaed Records Office, 60 Centre Street, Room 145M. Counsel must verify receipt of records by Room 145M at least 48 hours prior to the trial date. Review of certain records may require approval of the assigned Justice.

Rule 23. Attendance at Voir Dire. Attorneys directed by the court to a Jury Assembly or Empaneling Room to commence or continue voir dire must arrive there promptly and remain throughout voir dire. If an attorney arrives late or is otherwise absent from the voir dire without permission of the court, the voir dire will commence or continue in the attorneyís absence.




V

MATRIMONIAL RULES

The following Rules shall apply to all matrimonial cases and shall take precedence over any inconsistent Rule set forth above. Otherwise, the foregoing rules are applicable in matrimonial cases.

Rule 24. Appearances at Conferences. Counsel and client must appear at the preliminary conference, all compliance conferences and the pre-trial conference. Failure to appear may result in costs or sanctions being imposed against the defaulting party.

Rule 25. Submissions at Preliminary Conference. Each party is required to submit at the preliminary conference a properly certified net worth statement and a copy of the retainer agreement in accordance with Section 202.16 of the Uniform Rules for the Trial Courts.

Rule 26. Adjournments. No stipulations of adjournment will be honored without prior approval of the court.

Rule 27. P.E.A.C.E. Program. Except for cases in which there has been a history of orders of protection, parties with unemancipated children should be aware that the Justice may assign the parties to the P.E.A.C.E. Program.

Rule 28. Pre-Trial Conference. Unless directed otherwise, all cases scheduled for trial must appear for a pre-trial conference on the Thursday preceding the week the trial is to commence. All motions in limine must be presented at this time and counsel should be prepared to discuss all evidentiary issues.

Rule 29. Mandatory Pre-Trial Submissions. At the pre-trial conference, counsel shall provide his or her adversary and the court (a) marked pleadings (if grounds are in issue), (b) proposed statement of disposition, (c) child support worksheet (if applicable), (d) updated net worth statement, (e) list of all proposed exhibits, (f) witness list, (g) any expert report not previously provided, (h) pre-trial memoranda and (i) proof of filing of the note of issue.

              THE JUSTICES OF THE SUPREME COURT,
               CIVIL BRANCH, NEW YORK COUNTY

Effective Date: July 3, 2001

 

 

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