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New York StateUnified Court System

Hon. Peter P. Sweeney


Part Rules

Civil Term - Part 73 and PRSGP-SW - Room 761
347-401-9013 (courtroom)
347-401-9520 (chambers)

Hon. Sweeney's procedure regarding courtesy hard copies for e-filed matters

Revised April 1st, 2014

Rules for PRSGP-SW

All status conferences will be held in room 761, in 360 Adams Street. There will be only one call of the calendar, which will commence promptly at 10:00 a.m. All parties must appear by counsel unless the Court was notified in advance that the matter has been settled, discontinued, dismissed or otherwise disposed of. Plaintiff's failure to appear may result in dismissal. A default judgment may be entered against any defendant who fails to appear.

Rules for Part 73

Motions:

(1) Commencing February 27, 2012, and every other Monday thereafter (except for legal holidays), motions pending in Part 73 shall be heard in Room 761, in 360 Adams Street, Brooklyn, New York.

(2) The first call of the calendar shall be at 9:45 A.M. The second call shall begin promptly at 10:30 A.M. Judge Sweeney is on the bench for both calendar calls.

(3) Motions that are not answered on the second call, may be marked off, or a default may be entered, as appropriate. Counsel is advised that if a motion has been marked ready and no one appears to argue the motion when it is called to be heard, a default may be taken against the party who answered ready and then failed to appear.

(4) Motion papers, answering affidavits and reply affidavits must be served on adversaries as per CPLR 2214.

(5) All motions require appearances and oral arguments.

(6) Motions may be adjourned twice upon consent of the parties. Any further adjournment requires leave of Court upon good cause shown. A stipulation of adjournment will be accepted only if signed by all counsel and provided it is faxed to Chambers at 646-963-6411 or submitted to the Motion Support Office at least one (1) business day prior to the return date of the motion.

(7) Summary judgment motions must be made within sixty (60) days of the filing of the note of issue.

(8) Proposed orders to show cause must be brought to the Ex Parte Office for review prior to submission to the part. Fees as required by law must be paid to the County Clerk prior to submission.

Trials

(1) Marked Pleadings. Prior to trial, counsel shall furnish to the Court marked pleadings pursuant to CPLR Section 4012.

(2) Exhibits. Counsel shall pre-mark all exhibits in the order which they intend to introduce them at trial. A list of the exhibits shall also be provided to the Court prior to trial. Plaintiffs will number their exhibits and defendants will letter their exhibits. On the day of trial the exhibits and the list will be given to the Court reporter who will officially mark them before trial.

(3) Witnesses. Prior to trial, Counsel shall provide to the court a list of potential witnesses in order in which they intend to call them at trial, including expert witnesses, their expertise, and summary of expected trial testimony.

(4) Motions in Limine. Any potential evidentiary question or procedural or substantive law matter not previously adjudicated shall be brought to the Court's attention and addressed prior to trial by way of a written or oral motion in limine. A written memorandum of law with citations to the Official Reports is required. Citations and copies of relevant court decisions and statutes should be furnished to the Court prior to commencement of plaintiff's case and when otherwise requested by the Court.

(5) Depositions. A copy of depositions intended to be used at trial should be furnished to the Court at the commencement of the trial.

(6) Proposed Jury Charges and Verdict Sheets. All proposed jury charges and proposed verdict sheets shall be submitted to the Court in typed form no later than the close of plaintiff's case. Additionally, proposed jury charges and the proposed verdict sheet shall be emailed to the Court (PPSWEENE (at) courts.state.ny.us) in editable text format such as WordPerfect or MS Word (.doc) format.

 

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