Hon. Rupert V. Barry: Part 13 Rules

Updated: October 11, 2023

Rules: IAS Part 13

ALL APPEARANCES IN PART 13 SHALL BE IN PERSON.

COMMUNICATION:

All inquiries as to case or calendar status should, in the first instance, be made to the Motion Support Office at (347) 401-9249 and then to the Part Clerk. For routine matters, please consult the Part Rules or CPLR.

For copies of orders, requests should be made to the Part Clerk.

Pursuant to NY State Rules of Professional Conduct, Rule 3.5, the Bar is reminded that ex parte communications with Chambers by phone or otherwise is prohibited.

DISCOVERY:

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 them at:

https://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 Barry. They are heard by the Judge assigned to the discovery part.

MOTION:

Appearances: ALL MOTIONS ARE ORALLY ARGUED ON THE RECORD.

1. Motions will be heard on Wednesdays. The first call of the calendar will be at 9:30 a.m. The second call will be at 10:30 a.m. If you are appearing in another court part and you are going to be later than the 10:30 a.m. calendar call, please contact the Part Clerk prior to that time.
2. Filing of Papers: All motion papers must be filed electronically through New York State Court Electronic Filling system, hereinafter NYSCEF, or where the action does not participate in NYSCEF, by mail to the Motion Support Office, 360 Adams Street, Room 227, and NOT to the Court’s chambers. Motion papers, answering affidavits and reply affidavits must be served on the parties in accordance with CPLR § 2214 or the most recent Administrative Order, unless otherwise stipulated or ordered.
3. Summary Judgement Motions must be made within sixty (60) days of the filing of the Note of Issue.
4. Calendaring of Motions: Motions that are randomly calendared under Part 13 by the motion support office or another Justice, will be administratively adjourned to one of Part 13’s motion calendar dates, but not necessarily on the return date specified in the Notice of Motion. Parties may check e-courts to verify appearance date.
5. BEFORE e-mailing the Court Attorney 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: Intake, CCP, JCP, FCP, City Part, or Part 13.
6. Adjournments on Consent: The parties may jointly request “their first adjournment”* by written fully executed stipulation that must be filed with the Kings County Clerk’s office (or with the NYSCEF system if the case is e-filed) no less than two (2) business days before the motion calendar date. The stipulation must account for all parties in the caption. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) the reason for the exclusion should be stated in the stipulation. A courtesy copy of the stipulation must be sent to the Court no less than two (2) business days before the motion calendar date by emailing BOTH cfelix@nycourts.gov AND sfoy@nycourts.gov and copying all other counsels. *(Any request for an adjournment, other than the first adjournment request, must be made in person and on the record.)
7. Contested Adjournments: An oral application to adjourn a motion may be made before the Court on the return date of the motion.
8. Orders: If at the conclusion of oral argument, the Court directs a party or the parties to submit a proposed order, such order shall be submitted to the Court, before the end of that business day--or as otherwise directed by the Court--, in Microsoft Word document format. The proposed order must be emailed to BOTH cfelix@nycourts.gov AND sfoy@nycourts.gov. This email must be copied to all parties who have appeared in the action or indicate that no other party has appeared in the action. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) the reason for the exclusion should be stated in the order.
9. Proposed Orders to Show Cause must be brought to the Ex Parte Motion Support Office prior to submission to the Part. Fees as required by law must be paid to the County Clerk prior to submission.

WITHDRAWALS / RESOLUTIONS OF MOTIONS:

1. Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and emailing a courtesy copy to the Court via email to BOTH cfelix@nycourts.gov AND sfoy@nycourts.gov at least three (3) business days before the motion calendar date.
2. If the parties have resolved a motion pursuant to a stipulation, a copy of the stipulation must be filed in the NYSCEF system and a copy must be sent to the Court via email to​​​​​​​ BOTH cfelix@nycourts.gov AND sfoy@nycourts.gov at least two (2) days prior to the return date of the motion. The stipulation must account for all parties in the caption. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) the reason for the exclusion should be stated in the stipulation. You will receive an email notification from the Court if your stipulation is accepted. If you do not receive notification from the Court, the parties must appear on the scheduled return date.
3. If, after full submission of a motion, the parties later resolve the motion by a written stipulation of settlement, the parties must promptly file a written stipulation with the Kings County Clerk’s office (or with the NYSCEF system if the case is e-filed) within five (5) business days of its execution and also email a courtesy copy to BOTH cfelix@nycourts.gov AND sfoy@nycourts.gov.

INFANT COMPROMISE / WRONGFUL DEATH PROCEEDINGS:

1. Petitions for compromise orders must be filed through Motion Support or through Special Term Part 72.
2. Hearings will be scheduled by the Court upon submission of all required documents. Any adjournments must be obtained through chambers. All parties must appear for a hearing unless otherwise agreed by chambers.

Infant Compromise petitions must comply with CPLR § 1208. The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults in appearances. Further, the affirmation must include a detailed description of the accident and liability issues. The infant’s medical reports, a physician affirmation, a settlement letter that includes a waiver of appearance, and an affirmation of no liens are required with the submissions. If any portion of the settlement is structured, the cost of the annuity must be stated in the order.

3. 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.
4. Amendments to compromise orders must include an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.
5. Infant compromise and Wrongful Death Compromise hearings shall be held virtually or in person as directed by the Court. The parties in such matters may request that the proceeding be held virtually. This request must be by email to​​​​​​​ BOTH cfelix@nycourts.gov AND sfoy@nycourts.govv at least seven (7) business days prior to the scheduled return date. The subject of the email: “ICO Virtual Request, Index No., Plaintiff Name v. Defendant Name” or “WDC Virtual Request, Index No., Plaintiff Name v. Defendant Name”. Chambers will respond to such requests within (2) business days. Please note that any requests for a virtual proceeding may result in the matter having to be adjourned to accommodate the request.

TRIALS:

1. Marked Pleadings and Bill of Particulars: Prior to trial, counsel shall furnish the Court marked pleadings and a copy of the Bill of Particulars pursuant to CPLR § 4012 and the Uniform Rules for Civil Supreme Court § 202.35.
2. Exhibits. Counsel shall pre-mark all exhibits in the order in which they intend to introduce them at trial and upload a copy of those exhibits to NYSCEF. A list of the exhibits shall also be provided to the Court prior to trial. Plaintiffs will number their exhibits and defendants will letter their exhibits. 
3. Witnesses. Prior to trial, counsel shall provide 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.
4. Motions in Limine. Any potential evidentiary questions 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 or oral 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.
5. Depositions: A copy of depositions intended to be used at trial shall be furnished to the Court at the commencement of the trial.

INQUESTS:

1. At the time of an inquest, plaintiff shall provide the Court with a copy of marked pleadings and a copy of the default judgment.
2. Certified medical records or testimony of a physician are required to prove damages.

QUESTIONS / INQUIRIES:

All inquiries must be emailed to BOTH Celeste Felix, Esq., Principal Court Attorney to Justice Barry at​​​​​​​ cfelix@nycourts.gov AND Shateisha Foy, Esq., Assistant Law Clerk, at sfoy@nycourts.gov. In subject line of the email, please write in capital letters the word “INQUIRY” after the word inquiry, write the “INDEX NUMBER” of the case and then write the last name of the plaintiff/petitioner and write the name of the first defendant/respondent that appears in the action, i.e., “PLAINTIFF v. DEFENDANT”. This email must be copied to all parties who have appeared in the action or indicate that no other party has appeared in the action. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) the reason for the exclusion should be stated in the email. In the body of your email please include the full caption with the names and contact information for all parties. Chambers will respond to all emails within three (3) business days.