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 court’s 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 System’s home page
(http://www.courts.state.ny.us, under the "Future Court Appearance
System").
BASIC INFORMATION
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(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
Conferences: Parties 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 clerk’s office. The Court sends courtesy copies of
all decisions. (If counsel’s 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 counsel’s 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 Referees’
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 court’s 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 Clerk’s
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 system’s 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 court’s automated
DCM program. See the "Courthouse Operations" section of the
court‘s 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
court’s Summary of Operations published on the court’s
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 ½ 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 Justice’s 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 trial’s 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 clients’
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 attorney’s 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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