Hon. Genine Edwards: Part 80 & ADR-MM

360 Adams Street 
Brooklyn, NY 11201

Courtroom Room Number: 775 
Courtroom Telephone Number: (347) 401-9799

Chambers Room Number: 1077 
Chamber Telephone Number: (347) 296-1643 

Principal Law Clerk:  Ahmed Touré [AToure@nycourts.gov]
Assistant Law Clerk: Trevonna Hepburn [THepburn@nycourts.gov
Part Clerk: Theresa Foley: (347) 401-9799

THE COURT WILL NOT ENTERTAIN EX-PARTE COMMUNICATIONS.

ALL PARTIES MUST BE COPIED ON ANY EMAILS TO THE COURT. 
The Court will not respond to emails not copied to all parties except where there are personal or exceptional circumstances, for example, security or medical issues.

Updated: January 5, 2024


INQUIRES

In the first instance, ALL inquiries on a pending case or calendar status shall, be made to the PART CLERK, Room 775, Telephone (347) 401-9799. Chambers staff cannot provide guidance or advice to attorneys or litigants.

Telephone calls to Chambers are not permitted. Please email the judge’s Law Clerks, and copy all attorneys and unrepresented litigants.  The subject line of emails must state the index number and caption.  Do not copy the judge on any emails to the Court.

The Court shall not be copied on emails between attorneys or parties unless there is a judicial purpose to include the Court.

Communication not complying with these rules will be disregarded.

E-FILING REQUIREMENTS

All cases shall be converted to e-filing. Motions will be adjourned if a case is not e-filed.

COURTESY COPIES OF E-FILED MOTIONS ARE NOT REQUIRED.

  1. FORMAT
    1. All e-filed documents must have a page number, including expert affirmations/affidavits.
    2. All electronic documents must be text-searchable, in PDF (portable document format) while maintaining the original document formatting.
  2. HYPERLINKS

    Hyperlinks are mandatory.  Accordingly, hyperlinks are required for (i.) documents previously filed on NYSCEF, (ii.) attachments and exhibits cited in legal memoranda, attorney affirmations, expert affirmations/affidavits, and (iii.) cases, statutes, articles, etc.

    A hyperlink to a cited authority does not replace standard citation format.

ADJOURNMENTS

All attorneys and unrepresented litigants shall be notified of all adjournment requests before said application to the Court.

If the request is based on counsel’s engagement on another matter, an Affirmation of Engagement, in conformity with 22 NYCRR 125.1, must accompany the request.

Adjournments will not be granted without the approval of the Court. Attendance is required if no response is received.

  1. Conferences 

    Except in an emergency, applications to adjourn conferences SHALL be made by email and received by Chambers at least five (5) business days before the conference date. The application shall state the reason for the request. If the parties would like a specific date, they MUST include the proposed dates in the original email. 

    Chambers will not adjourn appearances in the Preliminary Conference Part (PC), Central Compliance Part (CCP), or the Note of Issue-Final Conference Part (NI-FCP). Please contact those parts directly.

  2. Motions 

    Applications to adjourn motions SHALL be made by e-filing a Stipulation of Adjournment accompanied by a briefing schedule. If a party cannot consent, the party must state the reason in a letter uploaded to NYSCEF. The Court will adjourn the motion to the Oral Argument Calendar if all papers are submitted or to the Motion Calendar if papers are outstanding. 

    Motions on the Oral Argument Calendar will NOT be adjourned except upon good cause shown to the Court.

CALENDARS

  1. Medical Malpractice Alternative Dispute Resolution (“ADR-MM”) Calendars 

    ADR conferences are held upon the completion of depositions. 

    The parties shall email a confidential one-page statement regarding their position on the case and a synopsis of three 2nd Department cases at least one week before the appearance. 

    Click here to view the template. 

    Conferences are on Microsoft Teams unless Chambers states otherwise. For Microsoft Teams conferences, attorneys MUST appear with the client/insurance adjuster or have them available by phone. For In-Person conferences, ALL parties must appear in person, including the plaintiff and the insurance company representative. A link shall be provided the day before the conference.

    Please check with opposing counsel or your officemates/calendar clerk if you need the link before contacting the Court.

  2. General Motion Calendars 

    Motions will be heard every Friday (except holidays) in Courtroom 775, at 360 Adams Street, Brooklyn, New York. The first call of the calendar is at 9:45 A.M. The second call of the calendar is at 10:30 A.M. Attorneys MUST be present at the call of the calendar. 

    Only disclosure motions on the Maimonides/MMESP-6 calendar are heard. All other disclosure motions will not be entertained or adjourned. Instead, they will be referred to the Central Compliance Part (CCP). 

    Attorneys shall inform the Court if a motion will be withdrawn or is unopposed at least five (5) business days before the return date. A proposed order shall accompany an unopposed motion.

  3. Oral Argument Motion Calendars 

    Motions on the oral argument calendars are those motions, orders to show cause, and cross-motions that were adjourned from the general motion calendars and placed on the oral argument calendars. The motions require appearances and oral argument. The calendar is heard every Friday (except holidays) in Courtroom 775. First call is at 9:45 A.M. Second call is at 10:30 A.M. Attorneys MUST be present at the call of the calendar.

  4. Maimonides/MMESP-6 Conference Calendars 

    Preliminary Conference (“PC”) and Compliance Conference (“CC”) orders shall be resolved on consent and then e-filed for the Court’s approval. The proposed PC and CC orders shall be e-filed at least one day before the scheduled return date. 

    All parties that cannot submit a proposed order on consent shall request a conference via email and wait to be notified. 

    No party shall file a note of issue before the note of issue conference is held and without prior Court approval.

    Chambers will not extend the note of issue on a Part 80 case. Instead, requests must be made to the Note of Issue-Final Conference Part (NIFCP). 

    Conferences are on Microsoft Teams unless Chambers states otherwise. 

    Click here to view the MMESP-6 Preliminary Conference Order template. 

    Click here to view the MMESP-6 Compliance Conference Order template.

MOTION PAPERS/PROPOSED ORDERS/STIPULATIONS

A motion for summary judgment shall be made no later than sixty (60) days after filing the Note of Issue, except with leave of Court on good cause shown. Stipulations to extend the summary judgment date WILL NOT be accepted by the Court.

Statement of Material Facts are required.

Unredacted expert affirmations/affidavits must be emailed to Chambers upon filing of motion papers.

No sur-reply affidavit, affirmation, or letter will be accepted or considered without leave of Court.

Parties are encouraged to resolve motions and to present proposed orders for signature.

Proposed short-form orders submitted to the Court for signature SHALL be legible with no words crossed out. Failure to comply with the requirements of this section may result in the rejection of the offending submission.

If an action is settled, discontinued, or otherwise disposed of, counsel shall immediately inform the Court by letter directed to Chambers and e-file a stipulation.

Partial stipulations of discontinuance shall include an amended caption.

Stipulations of discontinuance must be signed by all parties.  Otherwise, a motion shall be filed.

Any stipulation must be signed by all parties. Otherwise, a motion shall be filed.

Once the stipulation is signed by all parties, e-file it. E-mails of stipulations will not be accepted. Courtesy copies of e-filed stipulations are unnecessary.

If a party is deceased, please immediately inform the Court by uploading a letter to NYSCEF accompanied by the death certificate.

APPEARANCES

Attorneys must make appearances with knowledge of the case and the pending motion.

DEFAULTS

Pursuant to Uniform Rule 202.27, the Court has discretion in addressing a calendar default. Thus, an action may be dismissed, or judgment entered for the failure of a party to appear for a conference or hearing, or a motion marked off if the movant fails to appear on the return date.

Similarly, a motion, if appropriately supported, will likely be granted upon the failure of the non-moving party to appear. The Part Clerk will mark the motion “SUBMITTED,” and the movant will submit a proposed order to the Part Clerk.

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.

TRIALS

All parties shall be present by 9:30 A.M. unless otherwise scheduled with the Court.

  1. Bill of Particulars/Marked Pleadings

    Before trial, counsel shall furnish to the Court the Bill of Particulars and the marked pleadings, pursuant to CPLR § 4012.

  2. Exhibits 

    Counsel shall pre-mark all exhibits in the order they intend to introduce them at trial. A list of the exhibits shall also be provided to the Court before 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 Part Clerk, who will officially mark them before trial. It is the responsibility of the attorneys to ensure that subpoenaed records have arrived in the Subpoenaed Record Room.

  3. Objections 

    Counsel shall RISE when making objections or addressing the Court. In making objections, counsel should initially state the broad ground for the objection, e.g., leading, relevance. If the objection’s basis is unclear, the Court will request further elaboration or argument, which will be conducted at a sidebar conference. Arguments before the jury, either as to objections or the Court rulings, will not be permitted.

  4. Witnesses 

    Before trial, Counsel shall provide to the Court a list of potential witnesses and addresses (professional witnesses must provide business addresses) in order in which they intend to call them at trial, including expert witnesses, their expertise, and a summary of expected trial testimony, and any interpreters needed.

  5. 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 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.

  6. Depositions 

    A copy of depositions intended to be used at trial shall be furnished to the Court at the commencement of the trial. If any part of a deposition is to be read into evidence (as distinguished from mere use on cross-examination), you must, well in advance, provide the Court and your adversary with the page and line number of all such testimony so that all objections can be addressed prior to use before the jury.

  7. Proposed Jury Charges and Verdict Sheets 

    All proposed jury charges and proposed verdict sheets shall be emailed (THepburn@nycourts.gov) to the Court as a Microsoft Word document by the close of plaintiff's case.

SUMMARY JURY TRIALS

If needed, the Court will hold evidentiary hearings on the morning of Jury Selection.

All proposed jury charges and proposed verdict sheets shall be emailed (THepburn@nycourts.gov) to the Court as a Microsoft Word document by 9:30A.M. on the morning of Jury Selection.

DEATH COMPROMISE and INFANT COMPROMISE ORDERS

Chambers will schedule infant compromise hearings.

Infant Compromise petitions must comply with CPLR § 1208. If any portion of the settlement is structured, the cost of the annuity must be stated in the order. The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults in appearances. The infant’s medical reports, a physician affirmation, parent affidavit, infant affidavits, if over fourteen years of age, any structural settlement documents, and an affirmation of no liens are required with the submissions.

Death Compromise petitions shall include the death certificate, retainer agreement, letters of administration, and any lien letters.

If a Compromise Order was signed as to a previously settling defendant, such order must be attached as an exhibit and the partial settlement so stated in the attorney affirmation in support of the final Compromise Order.

Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

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