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New York StateUnified Court System

Civil Term - Part Rules, Part 19, Courtroom 44A


Presiding: Honorable Pam Jackman Brown, JSC
88-11 Sutphin Blvd.
Jamaica, NY 11435
Courtroom Phone: (718) 298-1126
Chambers Phone: (718) 298-1653

 

Appearances and Communication | Communication with Chambers | Preliminary Conferences | Compliance Conferences | Motion Procedure | Ex Parte Orders | Trials


Appearances and Communication

A Notice of Appearance shall be properly filed in the Office of the County Clerk or the NYS Electronic Filing System.

Upon withdrawal of an attorney, there must be a properly filed Consent to Change Attorney filed with the Office of the County Clerk or NYS Electronic Filing System.

Two business cards shall be submitted to the Court at the first appearance on all matters before the Court in Part 19.

There shall be no ex-parte communication with the Court.

Electronic equipment such as beepers, cellular phones, radios, iPads, tablets, laptops or any electronic or recording device must be turned off while in the courtroom.

If a party or counsel is required to appear in another courtroom, they must promptly advise the Court Officer or Part Clerk where they are going, how they may be reached and/or when they will return. Upon the failure to notify the Court of your absence, the Court may take any appropriate action it deems just and proper.

Any attorney appearing on a case for any purpose must be familiar with the case, prepared and authorized to resolve all issues.

Appearances are mandatory for all motions and applications.
All motions and applications will be conferenced.

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Communication with Chambers

Counsel SHALL NOT call Chambers to check on the status of any Notice of Motion/Order to Show Cause. Calls regarding the status of a motion or application decision will not be entertained.

Inquiries: All inquiries as to the case or calendar status shall be made to the appropriate clerk’s office.
The only inquiries to be made directly to Chambers of the Part should be those involving the immediate exercise of judicial discretion.

Copies of motions or application decisions or orders will not be sent to counsel. 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 Conference will be held after the filing of written Request for Preliminary Conference with the clerk’s office (Room 140). A written Request for Preliminary Conference must accompanied by an affirmation of good faith in compliance with Rule 202.12.

NOTE: All Preliminary Conferences shall be held on Thursdays at 9:30 am in the Preliminary Conference Part, Room 314, before the appointed Court Attorney 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.
Bill of Particulars must be filed at no later than five (5) days prior to the Preliminary Conference.

All inquiries regarding Preliminary Conferences, including adjournment requests, MUST be addressed to the Preliminary Conference Part.

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Compliance Conferences

Compliance Conferences shall be held on the date as set forth in the Preliminary Conference Stipulation and Order. All Compliance Conferences are held before Justice Joseph Esposito in Room 313.

NOTE: All inquiries regarding Compliance Conferences, including adjournment requests, MUST be addressed to the Compliance, Settlement and Conference Part.

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Motion Procedure

All motions shall be made returnable and heard on Mondays at 9:30a.m. at the Jamaica Courthouse located at 88-11 Sutphin Blvd., Jamaica, New York 11435 in Courtroom 44A.
Failure to notice a motion in compliance with the designated day, time and location above may result in the motion being “Marked Off” calendar without prejudice.

There will be a second calendar call at 10:00 a.m.

Oral arguments are required on all Notices of Motion and Orders to Show Cause. Oral arguments may be adjourned if the Court is unable to entertain and/or hear oral arguments on the return date.

Discovery related motions are strongly discouraged. On any discovery related motion or application, attorneys are encouraged to conference the issues among themselves with the expectation that the issues will be resolved by stipulation. All stipulations must indicate that the motion, and any cross motion, is/are being withdrawn pursuant to the stipulation and must be signed by the attorneys appearing at the calendar call.
Any items of discovery not specifically identified as outstanding at the time of the stipulation resolving the motion are deemed waived.

In any case where a motion is “Marked Off” for non-compliance with the Part Rules, such as improper notice, failure to appear in court as required by the Part Rules , or failure to provide a working copy of an e-filed motion, a new motion for the original relief sought may be filed in accordance with the Part Rules. A motion to Restore, Renew or Reargue is not required.

The parties shall immediately notify the Court of the withdrawal of any pending motion or application.

The Court will not consider papers sent to Chambers or to the Part after submission of the Motion. No motion relating to disclosure or a Bill of Particulars will be accepted without an affirmation of good faith, as set forth in Uniform Rule 202.7.

 

MOTION PAPERS

All motion papers MUST be made in compliance with 22 NYCRR 202.5, 202.7 and 202.8, concerning papers filed with the court.

NOTE: All pages and paragraphs are to be numbered.

All exhibits MUST have a numbered exhibit tab and be properly separated.

All motion sequence numbers must be on the first page of all submissions.

Affixation of Papers: All Motions, Response Papers, Applications, Order to Show Cause MUST be securely fastened.

Rejection: Failure to comply with the requirement of this section may result in rejection of the papers submitted to the Court.

All responsive papers must be submitted in person by counsel on the return date of the motion or application. The Part does not accept any responsive papers by mail or fax.

All responsive papers shall be served in accordance with the applicable statutes.

Sur-Reply papers or additional papers shall not be filed and will not be accepted without express permission of the Court.

Motions to renew and/or reargue shall contain a copy of the court’s original decision and copies of all papers submitted in support of the original motion.

 

ELECTRONIC FILING

Any party who files a motion and/or opposition thereto pursuant to the NYS Courts Electronic Filing (“E-Filing”) shall provide this Court with a hard copy (working copy) of the documents filed electronically, which shall be submitted to the Part Clerk on the first noticed return date of the motion.

Confirmation of E-Filing: Each working copy shall include, and firmly affixed thereto, a copy of the Confirmation Notice received from the NYSCEF site upon the electronic filing of such document (22 NYCRR 202.5-b(d)(3)(ii).

Order to Show Cause: Orders to Show Cause filed pursuant to the NYS Courts Electronic Filing ((“E-Filing”) MUST provide this Court with a hard copy (working copies) of the documents filed electronically as soon as possible upon the electronic filing of such document. Such working copies shall be delivered to Courtroom 44A.

Failure to submit a working copy of e-filed documents will result in the matter being “marked off” the calendar.

 

MOVING PAPERS

Moving papers, with an affidavit of good faith where required by Uniform Rule 202.7, shall be filed with the Part in accordance with the Part Rules and as required by law.

 

ORDERS TO SHOW CAUSE

Orders to Show Cause must comply with Uniform Rule 202.7(d) and be brought to the Ex Parte Support Office (Room 140) prior to judicial review, signature and fixing of a return date. Appearances for Orders to Show Cause are the same as listed for all other motions.

 

NOTICE TO CHAMBERS

Prior notice to chambers is not required to bring a Notice of Motion/Order to Show Cause.

ADJOURNMENTS

Stipulations requesting a consent adjournment or withdrawing a motion prior to the return date may be sent by facsimile to Chambers at (718) 298-1159 no less than two business days prior to calendar date.

Counsels must contact the Part Clerk at (718) 298-1126 to determine the status of the request. Applications for adjournments made less than two business days prior to the scheduled date will be denied, except for a reason pursuant to Rules of Chief Administrative Judge Rule 125.1, medical emergency, other exigent circumstance or unavailability of the Court. All adjournments are subject to final approval by the Judge in advance of a scheduled court appearance as per this Part’s Rules. Counsel or parties are required to confirm all adjournment requests prior to the scheduled court date.


 

SETTLEMENT/DISCONTINUANCE

If an action is settled, discontinued or otherwise disposed of, counsel shall immediately inform the Court by submission of a copy of the letter on notice to all adversaries, directed to the Clerk of the Part.
All stipulation of discontinuance must be accompanied by proof of payment of the appropriate fee.


INFANT COMPROMISE ORDER

Submission of an Infant’s Compromise Order must include the Part 19 checklist, which must be completed and attached to the papers. The Infant’s Compromise Checklist can be obtained from the Part Clerk of Part 19 prior to submission.

NOTE: Any orders sent to chambers without the completed checklist will be returned to counsel.

Hearings: Infant’s Compromise hearings will be scheduled by the Court. The parties will be notified of the hearing date by the Part Clerk.

 

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Ex Parte Orders

If a written decision directs that an Order be submitted, such Order must be brought to the Ex Parte Support Office (Room 140) prior to judicial review and signature.

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Trials

Prior to the commencement of trial, all counsels must submit to the Court:

(1) Marked pleadings
(2) A copy of the Bill of Particulars
(3) A witness list
(4) An exhibit list (without copies of exhibits)
(6) Pre-Trial Proposed Jury Instructions

After All evidence is presented:
(7) Post-Trial Jury Instructions
(8) Proposed verdict sheet

Motion 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 authority or case law. The party shall furnish the Court with the original affirmation along with supporting authority, along with an extra copy. Additional copies MUST be made for all opposing counsels/adversary/or un represented party(s).

Trial Schedule: All trials shall be conducted on a continual day-to-day basis until conclusion.
Matters will be tried, to the extent possible, in chronological order.
Trial dates will be set as far in advance as practicable.

Adjournment during Trials: Trials will not be adjourned unless counsel is actually engaged on trial and provides an Affirmation of Engagement in accordance with the Uniform Rules of the Trial Courts, or in the event of exigent circumstances.

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