Hon. Robin K. Sheares: Part 96 Rules

Supreme Court - Kings County
Civil Term Part 96 
360 Adams Street 
Room 364 
Brooklyn, NY 11201

347-404-9761 - Courtroom
347-296-1551 - Chambers
212-618-5331 - Facsimile

Updated: April 5, 2024

All inquiries as to case or calendar status should, in the first instance, be made to the Motion Support Office at (347) 401-9249.  Ex-Parte communication with Chambers by phone or otherwise is NOT permitted.   

All inquiries regarding discovery or discovery motions are to be directed to the Intake Part or the Centralized Compliance Part, as applicable. You can find more information regarding discovery at:

http://ww2.nycourts.gov/discovery-part-rules-2jd-31651 

Motions scheduled for the Compliance Conference Part (CCP) or the Final Conference Part (FCP), are NOT heard by Justice Sheares.  They are heard by the Judge assigned to the discovery part.

To request a conference regarding discovery concerns, submit the proper Virtual Conference request form on consent of ALL parties.  You can find the form online.  Go to Judges and Rules, then Discovery part rules.  Scroll to the bottom and select proper form/order. 

1. Orders to Show Cause will be heard in person on Tuesdays.  
2. Any Order to Show Cause inadvertently scheduled for a Thursday, will remain on the Thursday general motion calendar.  See below on how to appear on the general motion calendar.
3. The first calendar call will be held at 9:30 am.
4. The second calendar call will be held at 10:30 am.
5. If the moving party is not present for the first and/or second calendar calls, the Order to Show Cause will be denied.

1. Motions on the general motion calendar will be heard virtually on Thursdays.
2. Motions that are randomly calendared under Part 96 by the motion support office or another Justice will be administratively adjourned to one of Part 96 motion days. Parties should check e-courts to verify appearance dates.  
3. BEFORE emailing or calling the Principal Court Attorney and/or the Part Clerk, check e-courts (https://iapps.courts.state.ny.us/webcivil/FCASMain) to determine what part the motion(s) in question is being heard: i.e. Intake, CCP, JCP, FCP. City Part, or Part 96.  
4. If your case is assigned to Justice Sheares but calendared in one of the Discovery Parts (i.e., Compliance Conference Part, Final Conference Part), please check the Rules specific to that Part. Those motions are NOT heard by Justice Sheares.  Please see the hyperlink under Discovery.
5. The ONLY motions that will be heard by Justice Sheares are Part 96 motions.
6. VIRTUAL HEARINGS ARE CONSIDERED COURT PROCEEDINGS.  ALL PARTIES ARE EXPECTED TO BE RESPECTFUL TO EACH OTHER, THE JUDGE, AND ALL COURT PERSONNEL. 
7. NYSCEF/E-Courts should be updated with a current working email address of an attorney who will be responsible for corresponding with the court regarding motions. 
8. Part 96 motions will be heard on Thursdays via Microsoft Teams.  The calendar call will begin promptly at 9:30 am.  A second calendar call will be held at 10:30 am.  A party’s failure to appear for the calendar call may result in the motion being denied.
9. Parties may access the Part 96 Virtual Courtroom via the hyperlink: 

https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2Y0OTU1ZTktNDVlZi00ZmU0LTk1OTgtZmIwMjgwMGY1Yjkw%40thread.v2/0?context=%7b%22Tid%22%3a%223456fe92-cbd1-406d-b5a3-5364bec0a833%22%2c%22Oid%22%3a%22ec983334-7cca-4a95-b763-791f7d120121%22%7d

10. If your motion is adjourned, it is the attorneys’ responsibility to inform their calendar clerk and/or paralegal of the adjourn date.  
11. Unless your case is NOT e-filed, DO NOT send a working copy of the motion(s) papers to chambers.  All papers should be filed electronically. 
12. Stipulations for adjournments must be e-filed no later than the 10:00 am the Monday prior to the scheduled virtual appearance (Tuesday if the Monday is a court holiday). 
13. THE PART IS NO LONGER ACCEPTING LATE stipulations for adjournments.  Adjournment requests will have to be made at the motion calendar call.
14. Parties may submit a stipulation via NYSCEF:
    1. Consenting to an adjournment with briefing schedule. (Note: Only two adjournments will be permitted without prior court approval).
    2. Indicating if the entire motion, or portions thereof is resolved.
15. Parties may also file a notice via NYSCEF to withdraw a motion.
16. Stipulations in matters that are not e-filed, may be emailed or faxed to chambers at 212-618-5331.  Any communication must be on notice to all parties. 
17. If your matter is NOT electronically filed, you must provide a courtesy copy of the complete motion that was previously filed with motion support.  You are strongly encouraged to convert your matter to electronic filing.
18. Motion papers, answering affidavits, and reply affidavits must be served on adversaries as per CPLR §2214.  
19. Summary judgment motions must be made within sixty (60) days of the filing of the Note of Issue.  
20. Proposed orders to show cause must be brought to the Ex Parte Motion Support Office prior to submission to the part. DO NOT send them directly to chambers.  Fees, as required by law, must be paid to the County Clerk prior to submission.  
21. If, after arguments, the judge renders a decision on your motion(s), a typed-written decision is to be emailed to the Principal Court Attorney, in Microsoft Word format by 3:00 pm the day the motion was argued.  DO NOT submit the proposed order as a PDF. 
22. All proposed order(s) MUST be reviewed by all attorneys PRIOR to emailing it/them to the Principal Court Attorney. 

1. Once your trial is assigned to this part, you MUST email the Principal Court Attorney to schedule a trial conference.  
2. Motions in Limine. Any potential evidentiary question, procedural or substantive law matter not previously adjudicated shall be brought to the Court's attention and addressed prior to jury selection included, but not limited to motion in limine. A written memorandum of law (no more than two pages) with citations to the Official Reports is strongly encouraged; citations and copies of relevant court decisions and statutes should be furnished to the Court.  ALL Motions In Limine MUST BE argued BEFORE jury selection.  There will be NO exception.
3. Marked Pleadings. Prior to trial, counsel shall furnish to the Court marked pleadings pursuant to CPLR §4012. 
4. Exhibits. Counsel shall pre-mark all exhibits in the order which they intend to introduce them at trial. A list of the exhibits shall be provided to the Court prior to trial. Plaintiffs will number their exhibits and defendants will letter their exhibits. On the day of trial, the exhibits and the list will be given to the Part Clerk who will officially mark them before trial.
5. Witnesses. Prior to trial, Counsel shall provide to the court a list of potential witnesses in the order in which they intend to call them at trial, including expert witnesses, their expertise, including a summary of expected trial testimony, and any interpreters needed.
6. Depositions. Copies of depositions intended to be used at trial should be furnished to the Court at the commencement of the trial.
7. Proposed Jury Charges. All proposed jury charges shall be submitted to the Court in typed form no later than the day before the trial is scheduled to begin.
8. Verdict Sheets. All proposed verdict sheets shall be submitted to the Court in typed form no later than the close of plaintiff's case.

1. All hearings are scheduled by the Court.  
2. Prior to scheduling the hearing, the Court MUST receive the proposed order, copies of all relevant medical records, doctor(s) affirmations, and a NYC Department of Human Resources Lien/No Lien Letter.