Hon. Joy F. Campanelli, J.S.C.: IAS Part 6 Rules

360 Adams Street, Brooklyn, New York 11201

Courtroom Room Number: 441               Courtroom Telephone Number:        347-404-9651
Chambers Room Number: 459               Chambers Telephone Number:         347-401-9968 // 347-401-9970                                                                                                      

Emails concerning motions / trials in IAS Part 6 should be sent to: KSCCVPART6@nycourts.gov

Updated: July 12, 2023

BEGINNING FEBRUARY 8, 2023, IN-PERSON APPEARANCES WILL BE REQUIRED ON ALL IAS PART 6 MOTIONS AS THEY WILL NO LONGER BE TAKEN ON SUBMISSION. CALENDAR CALLS WILL BE HELD AS FOLLOWS: CASES BEGINNING WITH:

• A NUMBER OR LETTERS A-M WILL BE CALLED AT 10:00 AM.
• LETTERS N-Z WILL BE CALLED AT 2:15 PM.

THERE WILL BE ONE CALENDAR CALL FOR EACH SESSION AND UNLESS OTHERWISE POSTED, IAS PART 6 MOTIONS CALENDARS WILL BE CALLED IN COURTROOM 525. PLEASE NOTE THAT EFFECTIVE FEBRUARY 8, 2023, ADJOURNMENTS ON CONSENT MUST BE RECEIVED BY EMAIL TO KSCCVPART6@nycourts.gov NO LATER THAT 1:00 PM THE DAY BEFORE THE RETURN DATE, OTHERWISE THE APPLICATION WILL BE DENIED.

**NOTE: This court will not accept unsolicited documents and correspondence.  Any communication to chambers is not permitted unless all parties participate.  This court will not engage in ex-parte communication (See Rule 3.5 of the NY Rules of Professional Conduct). Do not include the court on any email colloquy as between counsel and or the other parties.  For routine matters, please consult the Part Rules below and contact the appropriate department within the courthouse before contacting chambers.  Most calendaring questions can be resolved by contacting the appropriate Motion Support staff or visiting E-courts (https://iapps.courts.state.ny.us/webcivil/FCASMain).  If your case is assigned to Justice Campanelli but calendared in one of the Discovery Parts (i.e. Compliance Conference Part, Final Conference Part), please check the Rules specific to that Part.

STIPULATIONS:

Stipulations submitted to the Court may not be conditional in nature (i.e. “if defendant serves an answer within thirty of this stipulation, plaintiff’s motion for a default judgment is withdrawn). Stipulations may not be based on any contingency that may or may not occur in the future.

Any request to so order must include a signature line for the court that shall appear on the same page with all or at least part of the body of the stipulation rather than on a completely separate page.

IAS PART 6 MOTIONS & ORDERS TO SHOW CAUSE:

All motions and/or orders to show cause, shall be in compliance with Part 202 of the Uniform Rules for New York State Trial Courts (hereinafter UCR 202) and Rule 130 of the Chief Administrative Judge (hereinafter Rule 130).

Motions and Order to Show Cause are heard on Wednesdays.

As of February 8, 2023, all motions will be in person, as they will no longer be taken on submission.

Cases beginning with a number or letters A-M will be called at 10:00 am.
Cases beginning with letters N-Z will be called at 2:15 pm.

All motion papers (including stipulations / proposed orders) MUST include a full caption. Papers that do not contain a full caption will be rejected and not considered.

All motion papers must be filed electronically through NYSCEF or where the action does not participate in NYSCEF, to the Motion Support Office, at 360 Adams Street, Room 227 and emailed to KSCCVPART6@nycourts.gov.

Motion papers, answering affidavits, and reply papers must be served in accordance with CPLR §2214 unless otherwise directed by the Court.

Affirmations in Reply will not be accepted on motions submitted via Orders to Show Cause [See, Forward v. Foschi, 31 Misc.3d 1210A (Supt. Ct., Westchester County, 2010)].

All exhibits to motions that are electronically filed and/or submitted must be separated by exhibit space pages in place of exhibit tabs.  Reference to electronically filed papers is not permitted and all exhibits must be incorporated into and submitted with the motion papers that refer to them rather than be cited and/or referred to (i.e., see, NYSCEF Doc. No. XX).  Where pleadings, prior applications, or prior decisions and orders are required to be annexed to the motion, reference to the electronically filed papers alone is insufficient unless it is part of the motion and electronically uploaded as an exhibit. All necessary documents shall be annexed (if hard copy, see CPLR 2214 [c]) or electronically filed as a separate NYSCEF document with a separate label.

All affidavits of service of motions not e-filed must be uploaded to NYSCEF (or, if applicable, annexed to any hard copy version of the motion papers) separately rather than be incorporated into any accompanying exhibits.  The failure to follow this directive will result in the denial of the motion pursuant to CPLR §2211.

On a motion pursuant to CPLR §2221, movant must include copies of papers submitted on the prior order and motion.

ADJOURNMENTS ON CONSENT:

Motions may, without an appearance, be adjourned twice on consent to the Court’s next available motion date upon the submission of a duly executed stipulation of adjournment.  Said stipulation shall include language that papers not in compliance with the UCR 202 and Rule 130 will not be considered by the court. To the extent there are defects, such defects shall be cured seven (7) days before the adjourned date. Failure to cure said defects will result in the papers being rejected. 

The second adjournment requested by the parties will only be granted upon the submission of a fully executed stipulation to be “So-Ordered” by the Court. The stipulation must incorporate the following language:

1. The motion by plaintiff / defendant (identify the movant) is hereby adjourned to INSERT DATE and shall be marked “FINAL.”  There shall be NO further adjournments unless the court, for good cause shown, grants another adjournment.
2. Opposition to the motion and any cross-motions must be served and filed with the Court on or before INSERT DATE.  Reply papers must be served and filed with the Court on or before INSERT DATE.
3. Opposition to any cross-motions must be filed with the Court and served on or before INSERT DATE.  Reply papers to any cross-motions must be filed with the Court and served on or before INSERT DATE.  There shall be no “Sur-Reply” papers submitted to the Court.
4. Papers that are served and/or filed beyond the above stated deadlines will be rejected as untimely.
5. All papers shall be filed through NYSCEF and served electronically.  Where the action does not participate in NYSCEF, all motion papers are to be filed with the Motion Support Office at 360 Adams Street, Room 227 and emailed to KSCCVPART6@nycourts.gov. 
6. Any defects in the papers pursuant to UCR 202 and Rule 130, shall be cured by no later than 7 (seven) days before the return date. 
7. Papers that do not comply with the above stated requirements will be rejected and not be considered by the Court.

Stipulations for an adjournment of an IAS Part 6 motion shall be uploaded to NYSCEF and emailed to KSCCVPART6@nycourts.gov. Where the action does not participate in NYSCEF, stipulations are to be filed with the Motion Support Office at 360 Adams Street, Room 227 & emailed to KSCCVPART6@nycourts.gov.

STIPULATIONS TO ADJOURN AN IAS PART 6 MOTION OR ORDER TO SHOW CAUSE MUST BE IN PROPER FORM AND SHALL BE RECEIVED BY EMAIL TO KSCCVPART6@nycourts.gov NO LATER THAN 1:00 PM ON THE DAY BEFORE THE RETURN DATE OF THE MOTION OTHERWISETHE APPLICATION WILL BE DENIED.

Fully briefed motions will not be granted an adjournment.

Please be advised that no e-mail communications should be sent to the Part Clerk. This Court will not engage in ex-parte communications, and all communications to chambers must be on notice to your adversary / adversaries. Do not include chambers in any email colloquy as between attorneys.

CONTESTED ADJOURNMENTS OF MOTIONS:

Applications for adjournment not on consent shall be made in person at the call of the Motion calendar.

ORAL ARGUMENT:

Unless otherwise ordered, oral arguments will be heard on the return date.

DEFAULTS:

Pursuant to Uniform Rule §202.27, the Court has discretion in addressing a calendar default.  When appropriate, among other possible sanctions, an action may be dismissed, or judgment entered for the failure of one or more parties to appear on the return date of a motion.

SUBPOENAS:

All subpoenas shall be approved and stamped by the subpoenaed records room located on the 6th floor, after which the approved subpoena shall be dropped off in the basket outside courtroom 525 for signature. Subpoenas will not be accepted electronically.

TRIALS:

1. The plaintiff must provide the court with marked pleadings, a bill of particulars (including any amended and/or supplemental bills of particulars), and if a party intends to use a deposition transcript at trial that party must submit a copy of the transcript along with proof of service of the transcript pursuant to CPLR §3116(a).
2. Prior to the commencement of the trial, all parties must provide the court with requests to charge including contentions to the extent necessary.
3. Prior to the commencement of trial, a pre-trial settlement conference will be held to discuss possible settlement.  If settlement discussions are unsuccessful, the matter will proceed to trial which will continue through the end of the business day, and continue day-to-day, from liability to damages, unless specifically excepted, until the trial is completed.
4. Any motions in limine must be made as early as possible. Any potential evidentiary question or procedural or substantive law matter not previously adjudicated shall be addressed at a pre-trial conference on the day of trial.  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.
5. Trial exhibits. The court urges the parties to pre-mark the exhibits for identification and to stipulate to the admissibility of evidence where to do so will not compromise any of the rights of the parties.
6. If a trial is assigned for scheduling a date certain, all counsel must be aware of the schedules of their respective witnesses. After a trial date is scheduled, a settlement date will be scheduled prior to trial and ALL PARTIES are required to attend the settlement conference. When applicable, counsel must either bring or have ready access to any insurance adjuster. Respective counsel are encouraged to provide the court with cases determining relevant damages.
7. No speaking objections. If you raise an objection during the course of the trial, please use one or two words to describe the grounds for the objection, i.e., “objection-relevance,” “objection-hearsay,” “objection-no foundation.” If you need to make an objection that cannot be stated in one or two words, ask for a sidebar and the court will make a record outside the presence of the jury regarding the grounds for the objection.
8. Please avoid instructing the jurors on the law during jury selection, opening statements, or closing statements.
9. Summary Jury Trials. You can download these rules at the court’s following website: https://www.nycourts.gov/COURTS/2jd/KINGS/Civil/summaryjurytrialrules.shtml.
10. Counsel must notify the Court if a witness requires a language interpreter as soon as the case is assigned so that timely arrangements can be made.
11. Please provide business cards for the Court and court reporter at all in person trials.

BENCH TRIALS:

1. The court encourages the parties to discuss settlement, but the court will not be involved in such discussions. Upon request, the court will attempt to provide a special master or court attorney to discuss settlement.
2. You may but are not required to provide the court with a trial memorandum in letter form at the beginning of the trial. There is no need or requirement for a post-trial memorandum unless specifically requested by the court.
3. Counsel must notify the Court if a witness requires a language interpreter as soon as the case is assigned so that timely arrangements can be made.
4. Please provide business cards for the Court and court reporter at all in person trials.

INFANT COMPROMISES:

Applications for infant compromise orders must be filed electronically through NYSCEF, or where the action does not participate in NYSCEF, by mail to the Motion Support Office.

Defense counsel must be noticed on all applications/documents submitted to the court and must appear at the hearing unless such counsel has waived the right to receive notice and appear.  All such waivers must be in writing and e-filed.

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/incident and an adequate statement regarding liability. The infant’s medical reports, a physician's affirmation that is prepared within six months of the application, a settlement letter, and an affirmation of no liens are also required. If any portion of the settlement is structured, the cost of the annuity must be stated in the order.  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.

Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

Upon submission of all required documents (the proposed order, copies of all relevant medical records, doctor(s) affirmations, and an NYC Department of Human Resources Lien/No Lien Letter) an in-person hearing will be scheduled. Requests for interpreter services must be made prior to the hearing.

Failure to timely and fully respond to the Court's request for additional/supplemental documentation may result in the application being rejected. Upon rejection, a new application must be initiated.