Kings County Supreme Court Uniform Civil Term Rules

Part A - Papers

Part B - Preliminary Conference (PC) Rules

Part C - Motions In IAS Parts / Motion Calendar Calls

Part D - Central Compliance Part (CCP) Rules

Part E - Note of Issue-Final Conference Part (NI-FCP) Rules

Part F - General Foreclosure Rules

Part G - Foreclosure Settlement Part Rules

Part H - Foreclosure Auction Rules

Part I - Foreclosure Auction Plan

Part J - Commercial Division Rules

Part K - Uniform Matrimonial Rules

Part L - Condemnation Part Rules

Part M - Consolidated Discovery Part Rules

Part N - Kings Neutral Evaluation Part Rules


The Judges of the Civil Term Supreme Court, in order to promote the efficient and impartial administration of justice, hereby adopt the following common and uniform rules (see Note #1):

PART A

Papers

This rule applies to all Civil Term Parts of the Court.

Motions, orders, and other filed papers shall be indexed with protruding tabs. Clerks are required to reject papers that do not have protruding exhibit tabs, except papers in matrimonial cases and papers filed by pro se litigants. Motion papers must be filed with the E-file/Motion Support Office located in Room 227, Ex Parte Office located in Room 295, Foreclosure Part Office located on the 10th Floor, OR in the Guardianship/Mental Hygiene Office located in Room 285 (see Note #2), at 360 Adams Street at least five (5) business days before the return date of the motion. Cross-motions must be filed at least two (2) days before the return date of the motion (see Note #3).


Notes

1. Rules pertaining to Matrimonial, Commercial, and Foreclosure Parts are incorporated herein. Where rules in such parts differ from general rules, specialized rules shall govern.

2. These rules do not otherwise control the Guardianship/Mental Hygiene or Condemnation Parts.

3. Room changes may be made upon appropriate notice.

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PART B

Preliminary Conference (PC) Rules

Updated: November 4, 2022

  1. The filing/purchasing of an RJI will automatically prompt the scheduling of a preliminary conference. NO APPEARANCE REQUIRED.
  2. Preliminary conference orders are being generated and issued by the court. The signed and entered orders will be uploaded to E-File/County Clerk Minutes. NO APPEARANCE REQUIRED.
  3. The attorneys shall, in the first instance, attempt to reach an agreement on all relevant discovery. Disputed matters will be adjudicated by the Court.
  4. The parties must be prepared with bills of particulars, medical reports, and insurance coverage.
  5. Strict compliance with the PC order shall be enforced by the imposition of costs and sanctions when appropriate.
  6. Discovery in third party and joint actions will be expedited.

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PART C

Motions in IAS Parts

Motion Calendar Calls

  1. Motion papers, answering affidavits, and reply affidavits must be served on adversaries in accordance with CPLR 2214.
  2. Irrespective of the return date indicated in the notice of motion, motions will be rescheduled by the E-file/Motion Support Office to a date designated by the assigned Judge.
  3. All motions require appearances and oral argument.
  4. Unless the Judge’s Part Rules provide otherwise, motions may be adjourned twice, on consent, without appearance, for a period not to exceed sixty (60) days from the initial return date of the motion. Adjournment of motions without appearance may be done by usage of stipulation or affirmation submitted no later than the previous workday. Any subsequent adjournment shall be by personal application.
  5. No courtesy copies of motion papers are required by the Court, except as may be required for electronic filing or by the Judge’s Part Rules. In tort cases against the City of New York, courtesy copies shall be supplied to the Corporation Counsel’s office in Brooklyn.
  6. Post Note of Issue Summary Judgment Motion: In cases where the City of New York is a defendant and is represented by the Tort Division of the Corporation Counsel’s office, summary judgment motions may be made no later than 120 days after the filing of a Note of Issue. In all other matters, including third-party actions, motions for summary judgment may be made no later than sixty (60) days after the filing of a Note of Issue. In both instances, the above time limitation may only be extended by the Court upon good cause shown. See CPLR 3212(a).
  7. There shall be two (2) calendar calls on motion days. The first calendar call shall be at 9:30 AM and the second calendar call shall be at 10:45 AM unless the Judge’s Part Rules provide otherwise. Defaults shall only be taken on second call. Attorneys with appearances elsewhere in the courthouse may advise the clerk of their whereabouts to avoid a default. Failure to so advise the clerk or appear at the default calendar call will result in a default order being entered or the motion being marked off the calendar.

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PART D

Central Compliance Part (CCP) Rules

Updated: February 7, 2024
Effective: February 20, 2024

Courtroom 276

Compliance Conferences

Parties with a scheduled Compliance Conference must either:

  1. Submit an order on consent of all parties by 3:00pm two days before the conference, or
  2. Appear in person at the conference.

Appearing parties may participate in the Compliance Conference.  If a consent order is not submitted and no party appears at the conference, the action shall be marked Administratively Dismissed on default.

***NO ADJOURNMENTS EXCEPT WITH GOOD CAUSE SHOWN***

  1. The purpose of the compliance conference is to monitor the progress of discovery, set a deadline for filing a Note of Issue, and resolve any outstanding discovery issues.  Consequently, parties attending the compliance conference must be fully familiar with the case, the status of any disclosure proceedings, and any settlement negotiations.
  2. Appearance at the compliance conference is not necessary if a Note of Issue has been served and filed with the court prior to the compliance conference date.  In such cases, a copy of the Note of Issue may be presented to the CCP clerk on or before the date of the conference or a party may notify the CCP clerk prior thereto.
  3. There will be no adjournments of a scheduled compliance conference except in special circumstances.
  4. Compliance conference forms are available online and may be completed when all parties are ready.

Motions

All motions are on submission, except those wherein a request has been submitted for oral argument via NYSCEF. Requests for oral arguments must be submitted at least five days prior to the scheduled return date.

Court Room opens at 9:30am – Cases before calendar call will be called as soon as they are ready.

Calendar Call: 10:15am
Default Call: 11:00am

Motions that seek only discovery-related relief are scheduled in the Centralized Compliance Part by the E-file / Motion Support Office, on the date the motion is scheduled to be heard, regardless of judicial assignment. Attorneys are advised to consult, inter alia, the New York Law Journal or the Unified Court System's Future Court Appearance Website for the return dates.

  1. Hard copies are required to be filed for any non e-filed motions, answering papers, stipulations, etc.
  2. Motions must be accompanied by an affirmation of good faith pursuant to NYCRR 202.7(a), indicating what efforts have been made to resolve the motion.

Orders

  1. Any order granted on default must be served on all defaulting parties within seven (7) days of the order.
  2. If all parties served with the motion are in accordance, they may enter into a consent order. If a new Note of Issue date is required, the order should be filled out and signed by all parties leaving a space for the Note of Issue filing date to be entered by a court attorney. Order should include all outstanding discovery or indicate that discovery is complete. Consent orders are not effective or allowed to be copied until they have been reviewed by a court attorney and signed by Judge or JHO.
  3. STRONGLY RECOMMENDED: E-file proposed CCP OSC/motions orders resolved on consent (or withdrawals) at least two days prior to your scheduled return date to avoid your CCP motion/OSC being submitted.
  4. All correctly submitted (E-file) consent orders shall be reviewed, signed, and processed ASAP. Use applicable court form and detail and include all outstanding discovery with proposed on or before certain dates.

Adjournment of Motions

  1. Motions are heard on the return date and are only adjourned upon good cause. Applications for adjournment on consent of all parties shall be heard by the court attorneys.
    • There shall be no extension of time for filing summary judgment motions after the Note of Issue, except upon application to the Court at the IAS Part not CCP.

STIPULATIONS

Stipulations to extend the note of issue date or summary judgment date WILL NOT be accepted by the court.

  1. Caption must match Court computer including third party actions.
  2. All parties must be accounted for in the stipulation, including parties in default, parties dismissed on summary judgment, parties who have not appeared or answered, discontinuances, etc.
  3. Signatures must be by an attorney; a law firm's name is insufficient.

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PART E

Note of Issue-Final Conference Part (NI-FCP)

Updated: November 4, 2022

  1. The filing requirement for Notes of Issue in Kings County is an original and two copies.
  2. Any party objecting to the filing of a Note of Issue may move to vacate, pursuant to Uniform Rules for the NYS Trial Courts section 202.21(e).
  3. Any third-party action commenced after the filing of a Note of Issue shall be subject to severance.
  4. A 90-day notice (CPLR 3216) shall permit a plaintiff to file a Note of Issue within such ninety (90) days without a Court order

NI-FCP Rules

  1. No in-person appearance
  2. No virtual conference unless the form requesting a virtual conference is submitted.

Parties must comply with one of the below requirements:

  1. File a note of issue, if discovery is complete and the note of issue date has not expired; or
  2. Submit an acceptable proposed consent order; or
  3. Submit a virtual conference request, on consent of all parties, using the virtual conference request form.

If three (3) weeks have elapsed from the date of the scheduled conference, and parties did not comply with 1, 2, or 3 above, the matter will be marked disposed. Cases disposed for failure to comply with 1, 2, or 3 above, may only be restored by motion.

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PART F

General Foreclosure Rules

  1. All foreclosure matters dealing with the same block and lot number shall be assigned to the same judge even where an earlier matter has been previously disposed.
  2. In all foreclosure proceedings, the following form orders, judgments, and applications, available at the Clerk’s office or online, must be utilized: the Order of Reference; the Judgement of Foreclosure and Sale; a Deficiency Judgment; the Order in a Surplus Money Proceeding; and the Referee’s Application for Additional Compensation.
  3. The Clerk is authorized to reject:
    • Motion papers that are not in compliance with the CPLR;
    • Motion papers filed less than five (5) days before the return date of the motion;
    • An application for an Order of Reference or Judgment that does not contain a statement pursuant to CPLR 3408, indicating eligibility/exemption from conference;
    • An application for surplus money that does not contain a recognized title search or its equivalent as an exhibit.
    • A discontinuance in a foreclosure action except upon court order after an RJI has been filed.
  4. A proposed order must be attached to any motion submitted to the E-file / Motion Support Office. In the event that a proposed order is not submitted with the motion, it must be submitted to the IAS Judge within 60 days or the motion may be deemed abandoned.
  5. Each Order of Reference must have appended thereto, the history of the property by way of a chain of assignment, the date of the assignment, and a reference to the tab where that assignment is located.
  6. Every affidavit for an exemption from a conference made pursuant to CPLR 3408 and RPAPL 1304 must specify the grounds for same and provide supporting documentation and affidavits from persons with direct knowledge. Where the claim is that the borrower is not living in the subject house, then an affidavit of investigation substantiating this allegation must be appended which states inter alia that the borrower is not living in the house and that no action by the mortgagee or its agents procured same. This affidavit shall be included in the motion for a Judgment of Foreclosure and Sale.
  7. Within one year after the signing and entry of an Order of Reference, an application for a Judgment of Foreclosure and Sale must be made. Such period of time will be suspended by the filing a Forbearance or Settlement Agreement with the clerk of this court. Failure to comply will result in an automatic dismissal of the action.
  8. All Forbearance Agreements must be filed with the Foreclosure Clerk of the Court within twenty (20) days of the execution thereof.
  9. No action may be discontinued except upon application to discontinue or stipulation by the plaintiff to discontinue submitted for approval by the Court. Payment of the fee required by CPLR 8020(d)(1) shall precede submission of the proposed discontinuance to the Court. Where a defendant homeowner has appeared for a settlement conference in a residential foreclosure action, either in person or by an attorney, an application to discontinue or stipulation of discontinuance must be served on opposing counsel or pro se defendant.

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PART G

Foreclosure Settlement Part Rules

The purpose of this part is to preserve community housing, preserve banking funds, and help a homeowner avoid the loss of his or her home.

  1. A conference may be required by statute or mandated by appearance, reference, or request.b
  2. An appearing homeowner shall file a notice of appearance in the action indicating the homeowner’s name, address, telephone number, cell phone number, and e-mail address on a form provided by the Court, with the clerk of the Foreclosure Conference Part who shall then forward it for appropriate filing.
  3. Each appearing homeowner shall be provided with an information sheet that informs him/her of the foreclosure process.
  4. Plaintiffs’ counsel must appear in the Foreclosure Conference Part with the work-out package describing potential loss mitigation options, reasonably current payoff and reinstatement figures, and with settlement authority and/or a direct contact number where a servicing agent with settlement authority can be reached and participate in settlement discussions before the Court.
  5. The homeowner or his/her agent shall provide to the conference part employment verification, tax, and other records as required.
  6. For cases involving servicing agents who have opted into the Home Affordable Modification Program (HAMP), counsel shall appear in the Foreclosure Conference Part with a status report regarding the outcome of the servicing agents’ evaluation for HAMP modification, and specific written justification with supporting details if modification under HAMP was denied.
  7. All foreclosure cases in which the servicing agent, as well as the homeowner, has agreed to a trial modification, whether under HAMP or otherwise, shall be given a control date in the Foreclosure Conference Part coincident with the trial modification period.
  8. In cases where settlement cannot be reached, plaintiffs’ counsel shall submit a letter to the Foreclosure Conference Part, and to the IAS Part, indicating the appearance of the homeowner and the good faith basis for the termination of the settlement negotiations that may result in foreclosure which may lead to the defendant’s losing his/her home, cf. CPLR 3408(a).
  9. Foreclosure cases will be marked off the Foreclosure Conference calendar if: (a) the defendant has failed to appear for two (2) scheduled settlement conferences; (b) the Court has determined that the parties would not benefit from further settlement discussions; or (c) a settlement has been reached and the plaintiff has filed a Stipulation of Discontinuance or Forbearance Agreement with the Foreclosure Settlement Conference Part as well as the Court.
  10. Any agency or representative assisting the homeowner shall provide copies of all documents, including the completed work-out package, to the homeowner, who should bring them to the settlement conference.
  11. All parties must appear at the settlement conference until the action is settled by means of a modification or other agreement signed by all parties as well as the IAS judge or the matter is referred to the IAS part.

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PART H

Foreclosure Auction Rules

General

  1. The Referee and all interested parties must be present at the time and place designated by the Foreclosure Dept. and subsequently published in the Notice of Sale.
  2. The referee, or his/her designee, must provide a copy of the Terms of Sale, including any known encumbrances, upon request.
  3. Referees shall announce any encumbrance on the property prior to bidding.
  4. Referees will accept either 1) cash; or 2) certified or bank check made payable to the Referee. No double-endorsed checks will be accepted.
  5. A successful bidder must have in his/her possession at the time of the bid the full 10% of the sum bid, in cash or certified or bank check to be made payable to the Referee.
  6. All bidders must have proof of identification and will be required to stand and state their names and addresses on the record at the time the bid is made.
  7. No sale will be deemed final until the full 10% deposit has been paid to the Referee and a contract has been signed, which must be done in the courthouse immediately following the sale.
  8. If a successful bidder fails to immediately pay the deposit and sign the Terms of Sale, the property will be promptly returned to auction the same day.
  9. Bidders are cautioned that the failure to pay the full purchase price bid and appropriate closing costs at a closing to be scheduled within thirty (30) days following the auction may result in the forfeiture of the 10% deposit. The consent of the Court will be required for adjournment of the closing beyond ninety (90) days. The Referee shall transfer title only to the successful bidder of the auction.  Assignment of bids is prohibited.
  10. The amount of the successful bid, which will become the “purchase price,” will be recorded by the court reporter.
  11. If the successful bidder defaults in concluding the transaction at the purchase price, he/she may be liable for the difference if the property is subsequently sold at auction for a sum that is inadequate to cover all items allowed in the Final Order and Judgment.
  12. It is the responsibility of the bidder to acquaint him/herself with the property, any encumbrances thereon, and the Terms of Sale before placing a bid and to be certain that adequate funds are available to make good the bid. The failure of the successful bidder to complete the transaction under the terms bid will presumptively result in the bidder’s preclusion from bidding at auction for a period of sixty (60) days.
  13. The court-appointed referee shall determine the date of the sale which is to be held at the time and place indicated in the Judgement of Foreclosure and Sale and shall notify plaintiff sufficiently in advance thereof to permit publication of the Notice of Sale in compliance with RPAPL §231.
  14. It is the plaintiff’s responsibility to arrange for publication. The costs of publication may be recouped from the proceeds of the sale.
  15. A Notice of Sale must be submitted to the Foreclosure Department at least ten (10) days prior to the date of the auction. A copy of the Notice of Sale must simultaneously be sent to the owner of the equity of redemption at both his/her last known address and the property address. An affidavit of service of such notice shall be presented to the clerk on or before the auction sale.
  16. It is the plaintiff’s responsibility to notify the referee of any encumbrances in advance of the sale date.
  17. In the event plaintiff adjourns or cancels the sale, at least five (5) days' notice, both written and telephonic must be given to the referee. If such notice is not timely given, plaintiff shall pay $250.00 to the referee in compensation.
  18. A legally competent representative of plaintiff authorized to act on plaintiff’s behalf, must appear at the auction sale.
  19. The upset price may not be greater than the amount stated in the referee’s report of sale together with CPLR judgment interest running from the filing of the Judgment of Foreclosure and Sale together with the amount represented by receipted bills for taxes. The referee appointed for the sale of the property may add judgment interest and taxes to the upset price at the time of the auction. Any additional maintenance charges or other expenses must be by separate order of the Court.

Surplus Funds

  1. A court clerk will be present at all court-ordered foreclosure auctions. If there is a potential for Surplus Funds, the clerk will record the sale price, amount awarded in the final judgment of foreclosure, and the upset price, and enter that information in CCIS (Foreclosure Surplus Screen).
  2. When the sale price exceeds the greater of the judgment amount or upset price, the clerk will provide the referee conducting the sale a Surplus Monies Form at the auction to complete.
  3. The form will include the following information: a case caption; name, address, and telephone number of the referee; the plaintiff's representative and the purchaser; a judgment amount; and the upset and sale price. The form must be signed by the referee, plaintiff representative, and purchaser of the foreclosed property.
  4. The referee will complete the form at the auction, and deliver the signed form to the court clerk, who will subsequently provide it to the County Clerk.
  5. All cases with potential for Surplus Funds will be calendared for a control date in the Surplus Funds Part, no later than six months after the auction. (This is a non-appearance part.) On the control date, the clerk will consult the County Clerk Minutes. If Surplus Funds have been deposited or the Report of Sale indicates a deficiency, the appearance will be appropriately marked. In the event that no Report of Sale has been filed, but there are motions pending, the clerk will adjourn the case to a date beyond the motion return date in the Surplus Funds Part. If a Report of Sale has not been filed and no motions are pending, the case will be adjourned to the IAS Judge for further proceedings, as necessary, and the referee shall be notified.

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PART I

Foreclosure Auction Plan

Updated: August 1, 2023

Foreclosure Auctions are held every Thursday in room 224 at 2:30PM

Referees or Plaintiffs must contact the Foreclosure Department to schedule an auction date. Inquiries may be made to: 360ASupremeCivilForeclosure@nycourts.gov. Requests via letter or telephone will not be accepted.

Inquiries shall include:   index number, caption, referee’s name, requested date and at least one alternative date.

Only one (1) request per e-mail is allowed.

While there is no current mask or distance mandate in effect, auction attendees are requested to practice social distancing whenever feasible.

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PART J

Commercial Division Rules

General

  1. The following rules are intended to supplement the Statewide Standards and Rules for the Commercial Division (Uniform Rule § 202.70), which are applicable in Kings County. Counsel are expected to comply with all Statewide Rules as well as those promulgated herein.
  2. The monetary threshold for cases in Kings County Commercial Division has been raised from $50,000.00 to $75,000.00.
  3. Any party requesting a preliminary conference must annex a copy of the pleadings to the RJI when the request is filed with the Court.
  4. Other than as expressly provided in the Rules of the Commercial Division or upon instruction of the Court, the Court will not accept or entertain letter applications for substantive relief. Unless directed by the Court, no communications are to be FAXED to chambers other than Stipulations of Adjournment in compliance with these rules, PC Orders prepared in conformity with Rule 7, or disclosure-related communications pursuant to Rule 18.
  5. Courtesy copies should not be provided unless the Court so directs.

Conferences

  1. Preliminary Conferences. All preliminary and compliance conferences will be held on Wednesdays beginning at 9:45 AM unless otherwise directed by the Court. The conference calendar will be called after the first call of the motion calendar.
  2. Online Preliminary Conference Orders. Preliminary Conference Orders may be entered on consent of the Court and all parties by printing and filling out the Preliminary Conference Form posted on the Kings County Commercial Division website. Following a conference call with the Court, the PC order, executed by all parties, must be faxed to Chambers two (2) business days prior to the date scheduled for the PC conference. Failure to timely comply with the procedural constraints herein will require an appearance on the scheduled date.
  3. Prior to appearing for a preliminary conference, counsel should confer with clients so that schedules can be set for discovery.
  4. Adjournment of Preliminary Conference. Adjournment of a preliminary conference may be requested by submission of a written stipulation at least two (2) business days prior to the scheduled date. Stipulations must be accompanied by a cover letter explaining the reason for the adjournment. The adjournment of a conference is at the discretion of the Court and may be permitted for good cause shown. No preliminary conference shall be adjourned more than once or for more than thirty (30) days. Fax numbers for all counsel must be provided in the cover letter or the stipulation. Any request for further adjournments will be entertained only under the most compelling circumstances and must be made via a telephone conference call with the Court in which all parties participate.
  5. Adjournments of any other conferences are permitted for good cause with the approval of the Court on written stipulation of all parties submitted at least two (2) business days prior to the scheduled date of the conference. Stipulations may be faxed to the Judge’s chambers. Fax numbers may be found on the Kings County Commercial Division website under the Judges’ Part and Chambers Information.

Motions

  1. The Court will entertain motions, as scheduled in the New York Law Journal and on E-Courts, on Wednesdays unless otherwise directed by the Court. Information on future court appearances is available on E-Courts. All motions require appearances and oral argument. All responsive papers must be filed with the Motion Support Office or the Clerk of the Part at least two (2) business days before the scheduled date of the motion.
  2. The first call of the motion calendar will be at 9:45 AM. The second and final call will be held at 10:15 AM.
  3. An appearance by an attorney with knowledge of the case and authority to bind the party is required on all motions and conferences.
  4. the argument of a dispositive motion, the Court will determine whether discovery shall proceed pending decision. As a general rule, discovery is not stayed by the filing of a dispositive motion.
  5. Motions for Summary Judgement. All summary judgment motions shall be accompanied by a Statement of Material Facts as set forth in the Uniform Rules, §202.70(g), Rule 19-a.
  6. Following argument and reservation of decision by the Court, no supplemental submissions will be accepted by letter or otherwise unless expressly authorized in advance. Uniform Rules, §202.70(g), Rule 18.
  7. Adjournment of Motions. Dispositive motions (made pursuant to CPLR 3211, 3212 or 3213) may be adjourned only with the Court’s consent. Non-dispositive motions may be adjourned by written stipulation no more than three times for a total of no more than sixty (60) days unless otherwise directed by the Court. Adjournments must be obtained at least two (2) business days in advance of the return date except in the case of an emergency. Stipulations must be accompanied by a cover letter explaining the reason for the adjournment. Fax numbers for all counsel must be provided in the cover letter or the stipulation.
  8. Disclosure Disputes. Parties must comply with the Uniform Rules, §202.70(g), Rule 14, regarding consultation among counsel prior to contacting the Court. If counsel are unable to resolve a dispute, the party seeking Court intervention shall send a letter to the Court, of no more than two (2) pages, upon notice to all parties, describing the problem and the relief requested. Such letter may be answered within eight (8) days by letter of no more than two (2) pages, also on notice to all parties. The party requesting relief shall then contact Chambers to arrange a conference (preferably by telephone) to resolve such dispute. If no effort is made by counsel to schedule such conference, the Court will infer that the matter has been resolved and will take no action. The Court may order that a motion be made but no discovery motion will be entertained without prior compliance with this rule.
  9. The Kings County Commercial Division will strictly enforce Uniform Rules, §202.70(g), Rules 6 and 17 relating to the form and length of papers submitted to the Court. Unless the Court has authorized a longer brief in advance, counsel is advised that briefs and affidavits in excess of 25 and 15 pages as specified in the rules may be rejected.

Orders to Show Cause
Temporary Restraining Orders

  1. Orders to Show Cause are argued on the date indicated in the order unless otherwise adjourned with the consent of the court.
  2. Where no affidavit of prejudice has been provided pursuant to Uniform Rules, §202.70(g)(3), Rule 20, notice of applications for Temporary Restraining Orders (TRO) contained in an Order to Show Cause must be given to opposing counsel, or parties if no attorney has previously appeared, at least six hours in advance of submission to the court and must contain a specific time and date of submission so as to afford an opportunity to appear. Proof of such notice (which may be by attorney’s affirmation) must accompany the proposed Order.
  3. Contested applications for TROs will not be heard after 4:00 PM absent extraordinarily compelling circumstances. [See Uniform Rules, §202.70(g), Rule 20. Temporary Restraining Orders]

Trials

  1. A firm trial date will be established at a final settlement conference to be held at the conclusion of discovery. The Court may direct the parties to appear at such conference.
  2. At the final settlement conference, a pre-trial conference will be scheduled in compliance with Uniform Rules, §202.70(g), Rules 25 to 33, to be held following the filing of a Note of Issue and approximately ten (10) days in advance of the trial date. Trial counsel must appear. Pre-marked exhibits, pre-trial memoranda, requests to charge, witness lists, and in-limine applications, which are to be made by letter of no more than two (2) pages, duly served upon all parties and the Court at least eight (8) days in advance of the date of the pre-trial conference, shall be provided at the pre-trial conference as required pursuant to Uniform Rules, §202.70(g), Rules 25 to 33. Responses to in-limine applications, also in letter form of no more than two (2) pages, shall be served at least five (5) days prior to the pre-trial conference. Short and concise pre-trial memoranda are preferred, containing a statement of the facts and issues of the case and the relevant principles of law with citations to controlling authority. Counsel must confer prior to appearance at the pre-trial conference so that exhibits that are not disputed can be identified and stipulated into evidence. Failure to identify an exhibit on the pre-trial list of exhibits may result in preclusion of such exhibit at trial.

Alternative Dispute Resolution

  1. In the interest of expediting prompt resolution of disputes at a minimum expense to the litigants, a mediation program is available through the Kings County Commercial Division. Pursuant to Uniform Rules §202.70(g)(3), the Court may direct counsel and the parties to participate in non-binding mediation. In Kings County, experienced former jurists, acting as JHOs, are available at no expense to the parties. Alternatively, Kings County has available a roster of trained practitioners willing to accept a referral from the Court for mediation, to whom litigants may be referred. Discovery continues pending mediation unless otherwise ordered by the Court. Counsel are referred to the rules for Alternative Dispute Resolution for Kings County for more detailed information.

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PART L

Condemnation Part Rules

These local rules supplement Uniform Rule § 202.61 with respect to obtaining Index Numbers for Claims and exchange and Filing of Appraisal Reports in Eminent Domain Proceedings.

  • Rule 1. Index Numbers for fee Claims. Within sixty days from the expiration of the time set forth, pursuant to EDPL 503 (B), in an order of acquisition for the filing of written claims or notices of appearance, condemnor shall obtain an index number for each of the fee claims on file with the court pursuant to the said order so that the Clerk can separately maintain the claim and all further proceedings with respect thereto, and the condemnor shall notify the claimant or its attorney of record of the index number assigned to its claim. Thereafter, papers pertaining to each claim shall be separately prepared and filed under the index number assigned to the claim. A Request for Judicial Intervention is required to initiate proceedings before the court pertaining to the claim. This Rule shall take effect on March 1st, 2012, and shall apply to all Eminent Domain Proceedings in which the time for filing written claims or notices of appearance expires after February 29th, 2012.
  • Rule 2. Index Number for Fixture Claims. Within six months after appraisals of fixtures have been exchanged pursuant to Uniform Rule § 202.61 (a)(1), condemnor shall obtain an index number for each individual claim for which appraisal has been exchanged so that the Clerk can separately maintain the claim and all further proceedings with respect thereto; and the condemnor shall notify the claimant or its attorney of record of the index number assigned to its claim. Thereafter, papers pertaining to each claim shall be separately prepared and filed under the index number assigned to the claim. A Request for Judicial Intervention is required to initiate proceedings before the court pertaining to the claim. This Rule shall take effect on March 1st, 2012, and shall apply to all Eminent Domain Proceedings in which appraisals of fixtures are exchanged after February 29th, 2012.

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PART M

CONSOLIDATED DISCOVERY PART RULES*

(Effective date: January 1, 2020)

(*Does not apply to Matrimonial, Commercial, Guardianship,

Condemnation, Foreclosure, and Tax Cert. cases.) 

NOTE: PLEASE SEE PRE-NOTE DISCOVERY FLOW CHART.

Appearance is Mandatory in all six Consolidated Discovery Parts: Intake/PC (rm 282), CCP (Central Compliance Part, rm 282), Motions (rm 282), FCP (Final Conference Part, rm 277), FDP (Final Disposition Part, rm 277), and City Discovery Part (rm 296).

Compliance with discovery orders shall be required during the pendency of motions to withdraw/be relieved, or during settlement discussions/ arbitration, unless otherwise ordered by the discovery court. The discovery court ordinarily will order compliance with discovery orders during the pendency of pre-note dispositive motions (CPLR §§ 3211, 3212, etc.) unless stayed by the IAS judge.

PRE CALENDAR PROCEDURES:

Discovery in any action need not involve the court. In cases where the parties are represented by attorneys, those professionals may comply with the CPLR, statutes, and case law to accomplish discovery without input by the court. Where a party is not represented by an attorney, they should consider involving the court from the very beginning.

The filing of the Request for Judicial Intervention (RJI) starts court intervention and commences the rigorous timeline in which to complete discovery: Pre-note Standards & Goals (S&G) on an: Expedited tracked case is 8 months, a Standard tracked case is 12 months, on a Complex tracked case is 15 months. These rules are promulgated by the Chief Judge.

Copies of medical records and authorizations shall be served upon all parties at least twenty (20) days before the PC Conference (see 22 NYCRR 202.17 (b)). A Bill of Particulars must be filed before the Preliminary Conference.

The parties shall discuss and decide how discovery shall be conducted regarding social media and other forms of electronic discovery.

If your firm name is not on the printed calendar or is written onto the calendar, please legibly fill out a notice of appearance, which are located in the front of the courtroom, so that the clerks can update the court’s computer. You must indicate which party you represent or who you are substituting for. 

INTAKE/PRELIMINARY CONFERENCE (PC)
Courtroom 282
Opens at 9:30 AM
Telephone number: 347-296-1626

There is one calendar call at 11:00 AM. This is also the default call. Attorneys with appearances elsewhere in the courthouse should advise the clerk of their whereabouts to avoid a default.

A PC shall be scheduled within 45 days of filing the RJI. These conferences are co-located in the Central Compliance Part. It is compliance with the PC order that DRIVES the rest of the centralized discovery parts.

The filing/purchasing of an RJI will automatically prompt the scheduling of a preliminary conference. A PC Order will be entered on default of any non-appearing party. If no party appears, the case shall be dismissed. An RJI filed with a Bill of Particulars BP attached shall have priority for scheduling a PC.

Bill of Particulars (“BP”): A BP must be filed and provided prior to the PC, if it is not, your action may be administratively dismissed at the Preliminary Conference. The Preliminary Conference is not to be adjourned, even on consent, unless good cause is shown for the adjournment. Mere failure to serve a B/P is insufficient reason to adjourn a PC, an order shall be entered on the date of the PC, failure to file/provide a BP may result in dismissal of the action.

Discovery & Inspection (“D & I”): Parties shall bring all D&I and responses served prior to the PC. The court may incorporate the D&I/responses into the PC, rule upon the issues, and/or give further directions to the parties.

Any motion seeking discovery-related relief filed prior to the PC shall be scheduled concurrently with the PC in the Intake Part.

At the PC Conference, a fixed Note of Issue filing date shall be set. It shall be set to a date four (4) weeks prior to the expiration of the Pre Note S&G date.

The first Compliance Conference shall be set approximately two weeks after the plaintiff’s scheduled EBT. Plaintiff’s failure to provide the necessary authorizations shall delay their case and may invoke sanctions and/or heightened scrutiny regarding their compliance. Failure to conduct EBT may result in sanctions.

Where actions have been consolidated or joined for trial or a late third party has been included, the parties shall bring the order with proof of service and ensure to immediately notify the court and the staff in the discovery parts.

CENTRAL COMPLIANCE PART RULES
Courtroom 282
Opens at 9:30 AM
Telephone number: 347-296-1626

There is one calendar call at 11:00 AM. This is also the default call. Attorneys with appearances elsewhere in the courthouse should advise the clerk of their whereabouts to avoid a default.

PROPOSED ORDERS ARE SUBJECT TO CHANGE AND NOT FINAL UNTIL THE JUDGE SIGNS THE ORDER.  PARTIES ARE NOT TO LEAVE UNTIL ORDER IS SIGNED.

If your firm name is not on the printed calendar or is written onto the calendar, please legibly fill out a Notice of Appearance form so that the clerks can update the court’s computer. These forms are located in the front of the courtroom. You must indicate which party you represent or who you are substituting for. 

All Parties must be prepared with all their prior discovery orders and they must know their NOI date.

Forms are available in the courtroom and may be completed when all parties are present. Parties shall endeavor to resolve their own discovery issues and present the proposed orders to the court attorney/referee reviewing proposed consent orders. Parties appearing must be fully familiar with all discovery issues and all other facets of the case relevant to the issues of discovery.  Failing to be prepared when appearing before the judge shall substantially delay the resolution of your issue. The court works until 5 PM and many cases must return for resolution in the afternoon session.

Prior to oral argument and decision by the judge, the parties must conference with a court attorney/referee. 

Adjournments are only based on good cause or documentation of exigent circumstances must be presented.

ORDERS ON CONSENT OF THE PARTIES:
All orders will be reviewed by Judge and ARE SUBJECT TO CHANGE.  Parties should not leave until Order is signed, as Judge may need to see the parties.  Orders completed “On Consent” should be placed in the appropriate basket, in the front of courtroom. For motions, a hard copy of all motion papers must be presented with the consent order. 

The Order:

  1. Orders MUST be legible.  All appearing attorneys must legibly print their names and their firm’s name.
  2. Must comply with the current NOI date which must be printed at the top of the proposed order. Any request to extend must attach a note with an explanation (new surgery on 1/1/20, recent party 1/1/20, just consolidated/joint trial with other actions on 1/1/20).
  3. Must contain the calendar number, index number, the date, and the Judge’s name and caption.
  4. Must have firm dates or “on or before” dates. (I.e. Not 30 days before/after) (i.e. IME o/o/b February 21, 2020).  
  5. Must address ALL outstanding discovery to date, (not just the subject of the motion).  If another outstanding discovery is addressed in other discovery orders, you may incorporate that order by specific reference (if dates have passed new dates shall be ordered). The court must be notified of pending Motions, OSC, CC on same case which shall be advanced/addressed.  
  6. If case has an appearance in CCP, FCP or FDP on same day as CCP motion, incorporate conference into CCP motion order and indicate “This is also deemed the ‘compliance conference order’, or ‘final conference order’ or ‘final disposition order’”, as is applicable.

COMPLIANCE CONFERENCES (CC): 
CCs are scheduled to track and ensure compliance with the PC order (which was triggered by the RJI) prior to the date fixed for filing of the Note of Issue (“NOI”).

The time to conclude discovery pursuant to the Chief Judge’s rules is as follows:

Expedited cases 8 months, Standard cases 12 months, Complex cases 15 months.  It is this timeline that sets the NOI.

Discovery scheduled and ordered shall be strictly adhered to, pursuant to part rules. Unjustified failure to comply with the provisions of discovery orders shall result in waiving discovery, preclusion, the striking of a pleading, or imposition of sanctions, as appropriate.

A CC shall be scheduled right after the plaintiff’s EBT. If necessary, a second CC shall be scheduled. 

At the Compliance Conference, a Final Compliance Conference shall be scheduled in a separate Part. Whether complex or standard tracked, the Final Compliance Conference will be approximately six (6) weeks prior to NOI.

STIPULATIONS:
Restore based on default only in PC or CCP

Cases dismissed for non-appearance may be restored by written stipulation signed by all parties within 30 days of default or by motion. Both the stipulation and the motion must include all outstanding discovery (appropriate forms are online or in the courtroom), as well as when and how it is to be accomplished. Defective stipulations shall be rejected. 

Stipulations to extend the note of issue date or summary judgment date WILL NOT be accepted by the court.

  1. Caption must match Court computer including third party actions.
  2. All parties must be accounted for in the stipulation, including parties in default, parties dismissed on summary judgment, parties who have not appeared or answered, discontinuances, etc.
  3. Signatures and printed names must be by an attorney; a law firm's name is insufficient.
  4. If the case was disposed for failure to appear at either a PC or CC conference, the clerk of the court will assign the new conference date to ensure compliance with all outstanding discovery listed in stipulation)

MOTIONS:
Motions that only seek discovery-related relief are scheduled in the Centralized Compliance Part by the E-file / Motion Support Office, on the date the motion is scheduled to be heard, regardless of judicial assignment. Attorneys are advised to consult, inter alia, the New York Law Journal or the Unified Court System's Future Court Appearance Website for the return dates.

Hard copies are required to be filed for any motions, answering papers, stipulations, etc. for E-filed cases returnable in this Part at least 5 days before return date for main motions, and 2 days for cross-motions.

Motions must be accompanied by an affirmation of good faith pursuant to NYCRR 202.7(a), indicating what efforts have been made to resolve the motion.

THIS COURT SUPERVISING DISCOVERY DIRECTS THAT DISCOVERY IS NOT STAYED WHEN PRE-NOTE OF ISSUE SUMMARY JUDGMENT MOTION IS FILED CPLR 3214(b) unless the IAS judge grants a stay in an order.

MOTIONS TO EXTEND TIME WITHIN WHICH TO MOVE FOR SUMMARY JUDGMENT:
Ordinarily to be denied without prejudice to renew at time the motion for Summary Judgment is brought upon showing of Compliance with the criteria set forth by our Court of Appeals in Brill.

Adjournment of Motions is generally NOT granted.

Appearances and oral argument are required on all motions. Motions shall be heard/argued on the return date, and are only adjourned upon good cause. Parties must have filed and serve opposition in a timely manner and be prepared to have their motions advanced to an earlier conference date. If all parties are not present, a default order shall be proposed/issued. An application may be made by the party(ies) present at the default calendar call at 11:45 AM.

ORDERS:
Attorneys are required to remain in the courthouse until their proposed orders are signed by the judge. Proposed orders may be changed or rejected by the court and prior to doing so, the judge will call for oral argument or clarification.

Any order granted on default must be served on all defaulting parties within seven (7) days of the order.

If all parties served with the motion are present, they may enter into a proposed consent order. Proposed orders should include all outstanding discovery, or indicate that discovery is complete.  Rules for “consent orders” are posted in CCP AND ABOVE.

FINAL CONFERENCE PART (FCP) room 277:

“NEW FCP RULE EFFECTIVE JANUARY 25, 2022:
Upon the scheduled date for a Final Conference in FCP, the parties must submit an FCP order on consent or, if a consensus cannot be reached, request a virtual FCP conference with the Court. If, after three weeks from the conference date, no consent order or virtual conference request has been received, the matter shall be marked disposed. Thereafter, the matter may only be restored by motion on notice to all parties.”

Part opens at 9:30 AM, default calendar call at 12:15 PM.  Appearance is mandatory.

Approximately six weeks before the NOI date, the court will schedule an appearance in the Final Conference Part (FCP) to ensure discovery is on track. 

This appearance is not generated or applicable to City or TA cases.

If there remains any outstanding discovery, it shall be completed prior to the Note of Issue date. Note of Issue will not be extended in FCP. Parties must formally and timely preserve their rights (after reasonable and timely good faith efforts) to ensure compliance with all discovery orders.

When a party defaults:
*Defaulting party’s discovery shall be deemed waived. NOI remains the same.
*Appearing party/parties must complete an order:

  1. Indicate defaulting party
  2. Indicate outstanding discovery, with firm or “on or before” dates.
  3. Print name of firm/party and name of attorney/person present on the bottom of the order.
  4. Appearing party must serve a copy of the order upon defaulting party within 7 days.

*Failure of an appearing party to complete an order shall constitute a non-appearance of that party and will result in the court issuing an order on default of all parties and deeming all discovery waived.

*Failure of all parties to appear will result in the court issuing an order on default of all parties; issuing a note of issue date, and deeming all discovery waived.

Cases ready to file NOI: 
Appearing party/parties must complete an order (to be provided by the clerk):

  1. Indicate that discovery is complete; 
  2. Indicate date certain note of issue will be filed within a week.
  3. Parties must legibly print their appearances on the order.
  4. Indicate defaulting party, if any, and that appearing party “will serve a copy of the order on defaulting party with seven days”.

Cases with outstanding discovery:
Appearing party/parties must complete a proposed order in preparation for a mandatory appearance with the judge.

  1. Indicate and detail all outstanding discovery, just cause why not completed and date certain to be completed if not sanctioned or dismissed (CPLR 3126 or 3216) by the judge.
  2. Parties must legibly print their appearances on the order.
  3. Indicate defaulting party, if any, and that appearing party “will serve a copy of the order on defaulting party within seven days”
  4. Court will issue order.

*Failure of plaintiff or all parties to appear will result in the court issuing an order, dismissing the matter pursuant to CPLR 3126 &/or 3216.

*Failure of an appearing party to complete an order shall constitute a non-appearance of that party and will result in the court issuing an order, on default, dismissing the action (pursuant to 3126 &/or 3216 or deeming the defaulting party’s discovery demands waived.

FINAL CONFERENCE PART

Effective August 16, 2021, failure to submit an order memorializing an FCP conference that was held with a Referee, the case shall be dismissed if three (3) weeks have elapsed and the court is not in receipt of the requested order.  

Parties may not stipulate to vacate any FCP order issued on default.   Formal application (Motion/OSC) must be made.  

All parties must present a hard copy of all prior discovery orders (PC, CCP, FCP).

All parties must present with knowledge of all outstanding discovery due and owing. Parties must formally preserve their rights at all times (i.e., timely make a motion for outstanding paper discovery, authorizations, EBTs after reasonable and timely good faith efforts), to ensure compliance with court orders. 

Settlement: To have a case mark settled, PLAINTIFF:

  1. May appear to report settlement or
  2. Send written letter, in advance of court date,  indicating settlement as to all named parties, or
  3. File a stipulation of discontinuance with the appropriate fee, in advance of the court date. 

KINGS COUNTY CITY AND TA CONSOLIDATED DISCOVERY PROCEDURES*

(Effective date: January 1, 2020)

(*Does not apply to Matrimonial, Commercial, Guardianship,

Condemnation, Foreclosure, and Tax Cert. cases.)

 NOTE: PLEASE SEE PRE-NOTE DISCOVERY FLOW CHART.

NOTICE:
Effective September 6, 2022, parties on pending City Discovery Motions, including those that have been previously adjourned shall, no later than 2 days prior to the next scheduled calendar date, either (1) submit a proposed order - - on consent of all parties - - that resolves the pending motion, or (2) submit a Virtual Conference Request - - on consent of all parties - - to request a conference of the motion with a Court Attorney/ Referee.
Upon the failure to either submit a proposed order or virtual conference request, the Court shall decide the pending motion, on submission, on the return date.

Compliance with discovery orders shall be required during the pendency of motions to withdraw/be relieved, or during settlement discussions/ arbitration, unless otherwise ordered by the discovery court. The discovery court ordinarily will order compliance with discovery orders during the pendency of pre-note dispositive motions (CPLR §§ 3211, 3212, etc.) unless stayed by the IAS judge.

PRE CALENDAR PROCEDURES:

Discovery in any action need not involve the court. In cases where the parties are represented by attorneys, those professionals may comply with the CPLR, Statues, and case law to accomplish discovery without input by the court. Where a party is not represented by an attorney they should consider involving the court from the very beginning.

The filing of the Request for Judicial Intervention (RJI) starts court intervention and commences the rigorous timeline in which to complete discovery: Pre-note Standards & Goals (S&G) on an Expedited tracked case is 8 months, a Standard tracked case is 12 months, on a Complex tracked case it is 15 months. These rules are promulgated by the Chief Judge.

Copies of medical records and authorizations shall be served upon all parties at least twenty (20) days before the PC Conference (see 22 NYCRR 202.17 (b)). A Bill of Particulars must be filed before the Preliminary Conference, failure to do so shall cause the action to be dismissed at the PC conference. 

The parties shall discuss and decide how discovery shall be conducted regarding social media and other forms of electronic discovery (emails, documents, social media, etc.).

CITY & TA CENTRAL COMPLIANCE PART RULES
Telephone number: 347-401-9264

PROPOSED ORDERS ARE SUBJECT TO CHANGE AND NOT FINAL UNTIL THE JUDGE SIGNS THE ORDER. PARTIES ARE NOT TO LEAVE UNTIL ORDER IS SIGNED.

Forms are available in the courtroom and may be completed when all parties are present. Parties shall endeavor to resolve their own discovery issues and present the proposed orders to the court attorney/referee reviewing proposed consent orders. Parties appearing must be fully familiar with all discovery issues and all other facets of the case relevant to the issues of discovery. Failing to be prepared when appearing before the judge shall substantially delay the resolution of your issue. The court works until 5 pm and many cases must return for resolution in the afternoon session.

Prior to resolution by the judge, the parties must conference with a court attorney/referee. 

Adjournments are only based on good cause or documentation of exigent circumstances must be presented.

INTAKE/PRELIMINARY CONFERENCE (PC)
A PC shall be scheduled within 45 days of filing the RJI. These conferences are co-located in the City and TA Central Compliance Part. It is compliant with the PC order that is monitored in the rest of the centralized discovery parts.

The filing/purchasing of an RJI will automatically prompt the scheduling of a preliminary conference. An RJI filed with a Bill of Particulars BP attached shall have priority for scheduling a PC. A BP must be filed and provided prior to the PC, if it is not, your action may be administratively dismissed at the Preliminary Conference.

Preliminary Conference is not to be adjourned, even on consent, unless good cause is shown for the adjournment. Mere failure to serve a B/P is insufficient reason to adjourn a PC, an order shall be entered on the date of the PC, failure to file/provide a BP may result in dismissal of the action. A PC Order will be entered on default of any non-appearing party. If no party appears, the case shall be dismissed. 

Parties shall bring all D&I and responses served prior to the PC. The court may incorporate the D&I/responses into the PC, rule upon the issues, and/or give further directions to the parties. This is particularly necessary for actions involving NYC and all the agencies it represents “the City” and the MTA and all entities it represents “Transit or TA”.

Any motion seeking discovery-related relief filed prior to the PC shall be scheduled concurrently and may be included with the PC, in the Intake Part.

If the City or TA has filed either a pre-answer motion or a summary judgment motion (usually not their property/vehicle) then they shall appear and sign the PC but the discovery court may stay/limit their participation in discovery if the IAS judge has not stayed the case. The City/TA shall bring a copy of their motion with exhibits to the PC/CC for the discovery judge to review. 

At the PC Conference, a fixed Note of Issue filing date shall be set. It shall be set to a date four (4) weeks prior to the expiration of the Pre-Note S&G date.

The first Compliance Conference shall be set shortly after the plaintiff’s scheduled EBT. Plaintiff’s failure to provide the necessary authorizations shall delay their case and may invoke sanctions. Failure to conduct EBT may result in sanctions. 

Where actions have been consolidated or joined for trial or a late third party has been included, the parties shall bring the order with proof of service and ensure to immediately notify the court and the staff in the discovery parts.

COMPLIANCE CONFERENCES (CC): 
Compliance Conferences are scheduled to track and ensure compliance with the PC order (which was triggered by the RJI) prior to the date fixed for filing of the Note of Issue (“NOI”).

The time to conclude discovery pursuant to the Chief Judge’s rules is as follows:
Expedited cases 8 months: Standard cases 12 months Complex cases 15 months.  It is this timeline that sets the NOI.  

Discovery scheduled and ordered shall be strictly adhered to and may not be extended without just cause, pursuant to part rules*. Unjustified failure to comply with the provisions of discovery orders shall result in waiving discovery, preclusion, the striking of a pleading, or imposition of sanctions, as appropriate.

A CC shall be scheduled right after the plaintiff’s EBT.  If necessary, a second CC shall be scheduled.

At the 2nd Compliance Conference, a Final Compliance Conference shall be scheduled. Whether complex or standard tracked, the Final Compliance Conference will be approximately six (6) weeks prior to the NOI.

Where actions have been consolidated or joined for trial or a late third party has been included, the parties shall bring the order with proof of service and ensure to immediately notify the court and the staff in the discovery parts.

FINAL COMPLIANCE CONFERENCE:
This conference appearance is scheduled at the 2nd CC approximately 6 weeks from the NOI and appearance is required unless the parties have settled (filed settlement or filed discontinuance with the court) or filed the NOI. 

If there remains any outstanding discovery, it shall be completed prior to the Note of Issue date.  

When a party defaults:
*Defaulting party’s discovery shall be deemed waived.
*Appearing party/parties must complete an order:

  1. Indicate defaulting party
  2. Indicate outstanding discovery, with final dates to comply or be sanctioned.
  3. Print name of firm/party and name of attorney/person present on the bottom of the order.
  4. Appearing party must serve a copy of the order upon defaulting party within 7 days.

*Failure of an appearing party to complete an order shall constitute a non-appearance of that party and will result in the court issuing an order on default of all parties and deeming all discovery waived.

*Failure of all parties to appear will result in the court issuing an order on default of all parties, issuing a note of issue date, and deeming all discovery waived.

Once a Final Conference is held, the case is given a NINA-C date. This is a non-appearance control date to ensure compliance with the final conference order. File your NOI or your motion PRIOR TO THE NINA-C date.

MOTIONS:
Motions that only seek discovery-related relief are scheduled in the City & TA Centralized Compliance Part by the E-file / Motion Support Office, on the date the motion is scheduled to be heard, regardless of judicial assignment. Attorneys are advised to consult, inter alia, the New York Law Journal or the Unified Court System's Future Court Appearance Website, ecourts, for the return dates.

THIS COURT SUPERVISING DISCOVERY DIRECTS THAT DISCOVERY IS NOT STAYED WHEN PRE-NOTE OF ISSUE SUMMARY JUDGMENT MOTION IS FILED CPLR 3214(b) unless the IAS judge grants a stay in an order.

Hard copies are required to be filed for any motions, answering papers, stipulations, etc. for E-filed cases returnable in this Part at least 5 days before return date for main motions, and 2 days for cross-motions.

Motions must be accompanied by an affirmation of good faith pursuant to NYCRR 202.7(a), indicating what efforts have been made to resolve the motion.

MOTIONS TO EXTEND TIME WITHIN WHICH TO MOVE FOR SUMMARY JUDGMENT:
Ordinarily to be denied without prejudice to renew at time the motion for Summary Judgment is brought upon showing of Compliance with the criteria set forth by our Court of Appeals in Brill.

Adjournment of Motions is generally NOT granted.

Appearances and oral argument is required on all motions. Motions shall be heard/argued on the return date, and are only adjourned upon good cause. Parties must have opposition in a timely manner and be prepared to have their motions advanced to an earlier conference date. If all parties are not present, a default order shall be proposed/issued. An application may be made by the party(ies) present at the default calendar call at 12:00 noon.

ORDERS:
Attorneys are required to remain in the courthouse until their proposed orders are signed by the judge. Proposed orders may be changed or rejected by the court and prior to doing so, the judge will call for oral argument or clarification.

Any order granted on default must be served on all defaulting parties within seven (7) days of the order.

If all parties served with the motion are present, they may enter into a proposed consent order. Proposed orders should include all outstanding discovery, or indicate that discovery is complete. 

STIPULATIONS:
Restore based on default :
Cases dismissed for non-appearance may be restored by written stipulation signed by all parties within 30 days of default or by motion. Both the stipulation and the motion must include all outstanding discovery (appropriate forms are online or in the courtroom), as well as when and how it is to be accomplished. Defective stipulations shall be rejected.

Stipulations to extend the note of issue date or summary judgment date WILL NOT be accepted by the court.

  1. Caption must match Court computer including third party actions.
  2. All parties must be accounted for in the stipulation, including parties in default, parties dismissed on summary judgment, parties who have not appeared or answered, discontinuances, etc.
  3. Signatures and printed names must be by an attorney; a law firm's name is insufficient.
  4.  If the case was disposed for failure to appear at either a PC or CC conference, the clerk of the court will assign the new conference date. 

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PART N

Kings Neutral Evaluation Part

KINGS NEUTRAL EVALUATION PROGRAM

Civil cases pending in Kings County Supreme Court may be referred to the Kings Neutral Evaluation Program (KNEP). KNEP is a non-binding, confidential process in which a neutral evaluator hears informal presentations by attorneys and evaluates the merits of the case. The neutral evaluation process is intended to aid the parties in reaching a settlement.

Cases are assigned to KNEP post Note of Issue. Excluded from the pilot program are: matrimonial; commercial; City and Transit cases; cases on the complex discovery track, and cases in which a party is self-represented.

  1. Nature of the Process
    • In this program, Neutral Evaluators- retired Supreme Court Justices, Judicial Hearing Officers, and specially trained court staff - evaluate cases based upon informal presentations by the attorneys for the parties. Presentations are made to the Evaluator in sessions attended by counsel for all parties. The attorneys will then meet with the Evaluator individually in order to promote more candid and expansive commentary on their respective positions. Where deemed appropriate the Evaluator may offer opinions about the parties’ chances for success on the issues presented in the case. These opinions are intended to assist parties in their own analysis of the merits of their cases and to facilitate discussion between the parties. The Evaluator will endeavor to facilitate a settlement between the parties.
  2. Confidentiality
    • Presentations or communications made by attorneys during the evaluation about the merits of their cases are confidential. The Evaluator will not communicate any aspect of the merits of any case that goes into the program with any Justice subsequently assigned nor any Justice presiding in an upfront part, nor with any other persons not participants in the process. If a case fails to settle, the Evaluator will not disclose to any third-party or Justice which attorney refused to agree on a resolution. The Evaluator will not disclose any information that an attorney may convey in confidence without the advance permission of that attorney
    • Communications between the attorneys during any evaluation session or made to the Evaluator as part of the process may not be used by any party as an admission or otherwise in the case or in any other litigation.
  3. Preparation by Counsel
    • The evaluation will address liability and damages. Attorneys appearing must be knowledgeable about the case and be fully authorized to settle it or be in ready communication with the client or client’s authorized representative Cf. Uniform Rules for the Trial Courts 202.26(e)
    • Attorneys shall bring pleadings, Bills of Particulars, photos, medical and expert reports, and MV 104 and police reports where applicable. Counsel are advised to communicate with each other prior to the KNEP date as counsel must be prepared to present a record demand and offer.
  4. Adjournments:
    • Adjournments may be obtained if the scheduled date is inconvenient. A stipulation setting forth the reason for the adjournment, and setting forth a requested adjourned date must be transmitted by email no later than Noon on the Friday before the scheduled appearance. A fully executed stipulation may be emailed to krizzo@nycourts.gov. Every effort will be made to accommodate the requested adjourned date. Please note that KNEP conferences are held only on Wednesday and Thursday afternoons.
    • Attorneys with cases pending in the Court should sign up for e-Track service to receive scheduling notifications by e-mail.

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Sanctions and/or costs may be imposed for failure to comply with the rules set forth herein.

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