Discovery Part Rules

Discovery Part Rules

Judge Lawrence Knipel Presiding
All inquiries (including calendar, clerk marking inquires, processing of orders) must be directed to the respective part clerk.

PC / Intake: (347) 296-1592
Compliance Conference Part (CCP): (347) 296-1626
Final Conference Part (FCP): (347) 401-9054
City / TA Discovery (CDP): (347) 401-9264

Updated: November 4, 2022


General Discovery Rules

This court shall send notices, alerts, and schedule some virtual appearances via E-file and regular clerk systems.  Please ensure that your appearance alert system (e-law, e-courts, etc.) is working properly and is current and correct and that all of your E-file contact information (including email) is current and correct.

The New York State Unified Court System has adopted Microsoft Teams as the standard for internal and external videoconferencing calls, including virtual court hearings. 

Microsoft teams Q & A


Preliminary Conference (PC) Rules

  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.

Central Compliance Part (CCP) Rules

NEW CCP RULE EFFECTIVE JUNE 13, 2022

PARTIES WITH A COMPLIANCE CONFERENCE IN CCP MUST SUBMIT AN ORDER ON CONSENT.  CASES THAT DO NOT SUBMIT AN ORDER ON CONSENT WITHIN THREE WEEKS OF THE COURT DATE, WILL RECEIVE AN ORDER GENERATED BY THE COURT.

NO ADJOURNMENTS EXCEPT IN SPECIAL CIRCUMSTANCES.

AT THIS TIME NO VIRTUAL CONFERENCES UNTIL FURTHER NOTICE. 
NO IN PERSON APPEARANCES AT THIS TIME.

MOTIONS ARE DECIDED ON SUBMISSION UNLESS PARTIES SUBMIT AN ORDER RESOLVING THE MOTION(S).

NO ADJOURNMENTS ON MOTIONS UNLESS GOOD CAUSE IS SHOWN. 

Compliance Conferences

  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 part clerk on or before the date of the conference or a party may notify the clerk prior thereto.
  3. There will be no adjournments of a scheduled compliance conference except in special circumstances.

Conference Calendar Calls

  1. Compliance conference forms are available online and may be completed when all parties are ready. If no order is received within 3 weeks after the court date, an order will be generated by the court.

Motions

  1. 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.
  2. Hard copies are required to be filed for any non e-filed motions, answering papers, stipulations, etc.
  3. 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.

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.

Note of Issue-Final Conference Part (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 may be marked disposed. Cases disposed for failure to comply with 1, 2, or 3 above, may only be restored by motion.


City / TA Discovery Part (CDP) Rules

NO IN PERSON APPEARANCES AT THIS TIME.

Use applicable court form and detail and include all outstanding discovery with proposed on or before certain dates. 
All parties that cannot submit a proposed order on consent, shall submit (E-file) a request for virtual conference form (for CDP scheduled appearances only) and wait to be notified.

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.


UPDATED COURT FORMS:

CCP Motion Order - FILLABLE

CCP Motion Order

Central Compliance Conference Order - FILLABLE

Central Compliance Conference Order

City TA Compliance Conference Order

City TA Motion Order

Discovery Stay Order due to death of a party, incapacity of a party, military service of a party or any other statutory reason

Final Conference Part Discovery Complete File Note of Issue

Note of Issue Final Conference Part Order - FILLABLE

Note of Issue Final Conference Part Order

Page 2

Virtual Conference Oral Arguments Request Form (At Least One Party is Pro Se)

Virtual Conference Oral Arguments Request Form for CCP (All Parties are Represented by Counsel)

Virtual Conference Oral Arguments Request Form for CDP (All Parties are Represented by Counsel)

Virtual Conference Oral Arguments Request Form for FCP (All Parties are Represented by Counsel)