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Civil Term - Part Rules, Part 14, Courtroom 5001


Justice David Elliot
88-11 Sutphin Blvd.
Jamaica, NY 11435
Courtroom Ph: (718) 298-1118

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

Preliminary Conference | Compliance Conference | Motion Practice | Trials | Settlements and Discontinuances

 

Preliminary Conferences

A preliminary conference shall be scheduled (1)automatically by the court within 45 days after filing a Request for Judicial Intervention, pursuant to 22 NYCRR 202.12(b); or (2)upon filing a written Request for a Preliminary Conference with the Clerk’s Office, Room 140, in compliance with 22 NYCRR 202.12(a); or (3)an appropriate notice is filed in malpractice or certiorari cases pursuant to 22 NYCRR 202.56 and 202.60.

All preliminary conferences will be held on Wednesdays at 9:30 A.M. in the Preliminary Conference Part, Room 314, of the courthouse, and they are presided over by the court-appointed referee, unless otherwise directed by the court. Failure to appear at the scheduled preliminary conference may result in discovery being ordered ex parte or any other appropriate sanction including preclusion or dismissal ordered. 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 shall be held on the date scheduled in the Preliminary Conference Stipulation and Order. Conferences shall be held before Justice Joseph Esposito in Room 313.

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Motion Practice

The Motion Calendar will be called every TUESDAY at 10:00 A.M. PROMPTLY and motions shall be noticed accordingly. A second call will follow at 10:30 A.M. No courtesy copies to chambers are required EXCEPT when papers are filed by e-filing. When papers are filed by e-filing, courtesy copies (known as “working copies”) MUST be delivered to the Part 14 Clerk prior to the submission of the motion to the court for determination. However, working copies of all ex parte applications (i.e., proposed Orders to Show Cause and supporting papers) MUST be submitted to Chambers. E-filed motions must also otherwise comply with 22 NYCRR 202.5-b.

All motions relating to any phase of discovery, including motions to strike or restore a case to the Trial Calendar, require personal appearance by counsel for all parties (or self-represented litigants, as the case may be). Counsel should be prepared to discuss and agree upon a discovery schedule. If a motion has been brought by an Order to Show Cause, all parties MUST appear on the return date. Appearances are required in all motions relating to actions for foreclosure when the case involves a self-represented litigant who is not in default. Appearances on such cases are otherwise discretionary, but are recommended. All other motions and applications may be submitted on papers only. All exhibits annexed to motion papers shall be preceded by numbered exhibit tabs which shall protrude from the papers.

Oral argument will be entertained only in the court’s discretion.

Whenever a personal appearance is not required, use of calendar service is permitted both to submit papers and to request consent adjournments, which will be limited to two and will not exceed three weeks each, absent extenuating circumstances. Thereafter, attorneys seeking a further adjournment MUST APPEAR at the calendar call. All stipulations must contain the name and signature of the attorney consenting to the adjournment. Please do not call the Part or Chambers for adjournments as NO adjournments will be granted on the telephone. The members of the Bar are to make every effort to notify their adversaries and co-counsel of the applications for adjournments in advance.

The court will not consider papers sent to Chambers or the Part after submission absent stipulation of all parties to be submitted promptly thereafter, and within the court’s discretion.

The court further directs that any attorney appearing on a case for any purpose must be familiar with the case, ready and authorized to resolve any and all issues.

 

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Trials

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 verdict sheet. Further, a party intending to use deposition transcripts must furnish a copy to the court. The court may preclude the use of transcripts of deposition testimony which are not provided to the court.

Motions in limine - 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.

No adjournments or delays during trial will be accepted unless exigent circumstances exist.

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Settlements and Discontinuances

If an action is settled, discontinued or otherwise disposed of, counsel shall immediately inform the court by submission of a copy of the stipulation or a letter directed to the Clerk of the Part. All Stipulations of Discontinuances must be accompanied by proof of filing with the County Clerk and payment of the appropriate fee. [CPLR § 8020(d)(1)].

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 Scheduling Part (718) 298-1048

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