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Civil Term - Part 12, Courtroom 42


Justice Denis J. Butler
88-11 Sutphin Blvd.
Jamaica NY 11435
Chambers Ph: (718) 298-1216
Courtroom Ph: (718) 298-1121
Chambers Fax: (718) 298-1133

Motion Practice | Preliminary Conferences | Compliance Conference | Infant's Compromise Orders | Uncontested Matrimonials | Trials



NO TELEPHONE INQUIRIES CONCERNING MOTIONS OR APPLICATIONS MAY BE MADE TO CHAMBERS.

All inquiries as to case or calendar status are to be made to the appropriate clerk’s office.
IAS Motion Support Office: (718) 298-1009
Ex-Parte Support Office: (718) 298-1018
Trial Term Office: (718) 298-1015
Part Clerk: (718) 298-1121

EXCEPT WITH RESPECT TO SETTLEMENTS, DISCONTINUANCES, WITHDRAWING OF MOTIONS AND STAYS, NO UNSOLICITED CORRESPONDENCE TO CHAMBERS BY MAIL OR FAX IS PERMITTED. Except for the noted exceptions, any unsolicited letter or fax sent to chambers will be discarded.

If an action is settled, discontinued or otherwise disposed of, counsel shall immediately inform the Court in writing. Such writing shall refer the Court’s attention to any motions or applications that are pending or that have been submitted for decision, and any such motions or applications shall be deemed withdrawn. Counsel shall file a stipulation of settlement or stipulation of discontinuance pursuant to CPLR §3217, and provide a courtesy copy directed to the Clerk of the Part.

If a case has been stayed, either by operation of law or by an order of a court, the movant shall immediately inform the Clerk of the Part of such stay.

A copy of a signed order to show cause or an order to show cause that the court declined to sign will be faxed to counsel, unless counsel is present to receive a copy at the time the order to show cause is either signed or declined. It is the responsibility of counsel bringing the order to show cause to provide a fax number. In the case of an emergency order to show cause, counsel is expected to remain present to receive a copy of the signed or declined order to show cause. Where practicable, the Part clerk shall be notified at least twenty-four hours in advance of any emergency application that is to be presented for signature.

 

Motion Practice

All motions shall be made returnable and heard in Part 12, Courtroom 42, on Tuesdays, at 9:30 a.m. Failure to notice a motion in compliance with the designated day, time and location above may result in the motion being marked off without prejudice. Second call shall take place immediately after first call.

Adjournment requests shall be entertained at the calendar call.

A movant may notify the Court of withdrawal of a motion in writing prior to the date of submission. If the movant has not notified the Court of withdrawal of a pending motion prior to the return date, movant must do so in person at the calendar call on the return date of the motion.

Appearance of counsel and pro se litigants is mandatory on the return date of all motions. Motions will be orally argued at the discretion of the Court. On the return date, motions and applications will be conferenced for purposes of resolution of the motion or application, or settlement of the case. Counsel appearing must have knowledge of the case and full authority to settle or enter into binding stipulations.

No discovery motions shall be made prior to the holding of both a Preliminary Conference and Compliance Conference, and proof that such conferences were held shall be attached to the motion. No discovery-related motion shall be made prematurely or without an affirmation of good faith that fully meets the requirements of 22 NYCRR 202.7. All discovery-related motions are expected to be resolved by stipulation of counsel for the respective parties and not be submitted.

No motion to vacate the note of issue and strike the action from the trial calendar shall be made if the case has been assigned to the Trial Scheduling Part. Any request to vacate the note of issue or strike the action from the trial calendar where the case has been assigned to the Trial Scheduling Part must be made by oral application to the Trial Scheduling Part Judge on the scheduled conference date in that Part. Any motion made that is in violation of this rule will be denied outright.

The answering papers, including cross motions, affirmations in opposition and reply affirmations, will be accepted only on the return or adjourned date in the Part. The Court will not consider papers sent to Chambers or to the Part after fully submission of the motion or cross motion(s), nor will it accept cross-motions that do not have proof of payment of the appropriate fee. (CPLR § 8020[a].)

All motions and ex-parte applications submitted shall be in compliance with 22 NYCRR §202.5. Electronically filed motions and ex-parte applications shall be filed in compliance with 22 NYCRR §§202.5-b or 202.5-bb, as applicable. In addition to the requirements set forth therein, on the return date the moving party must submit to the Court a ‘Working Copy’ of the electronically filed application, together with all supporting documents, clearly marked ‘Working Copy.’ Each working copy must include, firmly affixed to the back of the motion papers, a copy of the confirmation notice received from the NYSCEF site upon the electronic filing of such documents. A party that has opted out of participation in e-file will file documents in hard copy which will include, on a separate page firmly affixed thereto, the "NOTICE OF HARD COPY SUBMISSION– E-FILED CASE" form, which can be found on the NYSCEF site.

Supporting documentation submitted with all applications made to the court (including ‘Working Copies’), must contain page numbers and numbered paragraphs; all exhibits are to be preceded by an exhibit tab which protrudes from the papers; and the submissions are to be securely fastened. Failure to comply with the requirements of this section may result in rejection of the non-complying papers.

Calls regarding the status of a motion or application decision will not be entertained. Decisions or orders can be retrieved on-line or at the County Clerk’s office located in the Jamaica courthouse, Room 106.

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Preliminary Conferences

Preliminary conferences will be held on Thursdays at 9:30 a.m. in the Preliminary Conference Part, Room 314 of the Jamaica Courthouse located at 88-11 Sutphin Blvd., Jamaica, New York, and are presided over by a court-appointed Referee, unless otherwise directed by the Court. Failure to appear at a scheduled preliminary conference may result in discovery being ordered ex parte or any other appropriate sanction, including a preclusion or dismissal order.

Any inquiry pertaining to preliminary conferences shall be made to the Preliminary Conference Part at (718) 298-1046.

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Compliance Conference

Compliance conferences will be held in the Compliance Conference Part in Room 3002 at the Jamaica Courthouse on the date scheduled in the Preliminary Conference Order.

Any inquiry pertaining to compliance conferences shall be made to the Compliance Conference Part at (718) 298-1093.

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Infant's Compromise Orders

Applications for Infant Compromise Orders shall be made pursuant to CPLR §1207(a) and shall be supported by the documentation required by CPLR §1208 and 22 NYCRR 202.67.
Applications submitted without the appropriate documentation will be denied. Infant compromise hearings will be scheduled by the Court and the parties will be notified of the hearing date by mail.

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Uncontested Matrimonials

Where matrimonial papers have been rejected by the court for revision, all revised matrimonial papers must be resubmitted by the date set forth in the rejection memorandum or the action may be dismissed as abandoned. All revisions are to be submitted, by hand, to the Clerk in Part 12.

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Trials


Trials will be conducted on a continuing day-to-day basis until conclusion. No adjournments or delays during trial will be accepted, unless exigent circumstances exist. All actions are generally bifurcated. The Court expects the parties to be prepared to proceed to trial on damages immediately following a plaintiff’s verdict on liability.

Plaintiff’s counsel shall requisition all subpoenaed records to the Part 12 courtroom immediately after assignment of the case to this Part. Counsel should ascertain the availability of all witnesses and subpoenaed documents. Any special needs, e.g,. interpreter, easels, blackboards, shadow boxes, television, subpoenaed material, etc., must be reported to the Court Officer, in advance, so as not to delay the progress of the trial.

Pre-trial conferences will be held prior to every trial. At these conferences counsel should be prepared to fully participate in discussion of the matters set forth in 22 NYCRR 202.26.
Counsel should alert the Court, at the pre-trial conference, as to any anticipated problems regarding the attendance at trial of parties, attorneys or essential witnesses and any other practical problems that the Court should consider in scheduling.

All counsel must submit to the Court, prior to the commencement of trial, marked pleadings, a copy of the bill of particulars, a witness list, an exhibit list, proposed jury instructions and a proposed jury verdict sheet. Counsel must also know the availability of all witnesses who they intend to call during trial. All requested jury charges should be referred to by PJI number and topic. If changes to the PJI are suggested, then the entire proposed charge should be set forth with the changes highlighted. Citations to appropriate statutory or common law authority must be given in support of proposed non-PJI jury charges or proposed PJI modifications. Amendments to the proposed jury instructions and the proposed verdict sheet shall be permitted prior to the final charge conference.

On the first appearance in the Part for trial, any party intending to make a motion in limine shall submit a brief written affirmation setting forth the nature of the application and any supporting statutory or case law. The party shall furnish the court with an original and one copy and provide counsel for all parties with a copy. Oral requests and late requests will not be entertained and will be deemed waived.

To the extent any part of a deposition is to be read into evidence (as distinguished from mere use on cross-examination) counsel must, in advance, provide the Court and counsel for all other parties with the page and line numbers of all such testimony, so that all objections may be addressed prior to use before the jury.

The Court encourages trial exhibits be pre-marked for identification and, where possible, that the parties stipulate to the admissibility of clearly admissible documents and records.

The parties must be present for settlement or discontinuance of any case on trial, whereupon there shall be a complete allocution of the plaintiff.

 

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