Hon. Loren Baily-Schiffman: Part 65 Rules

Motions are heard on Thursdays.
First call at 9:45 AM
Second call at 10:30 AM
Oral argument is required on all motions.

Pursuant to Uniform Rule ยง202.27, the Court has discretion in addressing a calendar default. A motion is likely to be denied upon the failure of a movant 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. 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.

Motions may be adjourned twice upon consent of the parties. Any further adjournments requires leave of Court upon good cause shown.

A stipulation of adjournment will be accepted only if signed by all counsel and provided it is faxed to Chambers at 212-401-9222 or submitted to the Motion Support Office at least one (1) business day prior to the return date of the motion.

Dispositive motions, including motions for dismissal or summary judgment, and other substantive motions may be adjourned on consent of all parties, with a scheduled for remaining briefing.

Other Motion Rules
Summary judgment motions must be made within sixty (60) days of filing the note of issue.

All Motion papers must be filed in Motion Support. NO MOTION PAPERS, PETITIONS OR COURTESY COPIES WILL BE ACCEPTED IN CHAMBERS. Exhibits in support of a motion or in opposition must be separated by exhibit tabs.

Proposed orders to show cause must be brought to the Ex Parte Office for review prior to submission to the part. Fees, as required by law, must be paid to the County Clerk prior to submission.

E-Filed Motions
For motions that are E-filed, counsel is required to provide the court with courtesy copies of the motion and supporting papers, including exhibits, at the time of the argument.

All trial cases will be conferenced in an attempt to settle. Then motions in limine will be heard. Copies of relevant court decisions and statutes should be furnished to the court prior to opening statements and when legal arguments are made during trial.

A copy of depositions intended to be used at trial should be furnished to the Court at the time of commencement of the trial.

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