Hon. Dawn Jimenez-Salta Part Rules


EFFECTIVE IMMEDIATELY AND UNTIL FURTHER NOTICE THERE WILL BE NO PERSONAL APPEARANCE FOR THE MOTION CALENDAR

Principal Law Clerk: Holly Peck (hpeck@nycourts.gov)
Assistant Law Clerk: Joseph J. Lorenzo (jlorenzo@nycourts.gov)
Part Clerk: Debra Goldner

Courtroom: 969
Courtroom Telephone: 347-296-1578
Chambers Telephone: 347-401-9275


INQUIRIES
Do not call chambers to ask a substantive or procedural legal question. Chambers staff is not permitted to provide legal advice. Ex-parte communications are strictly prohibited. Opposing counsel must be copied on all emails to chambers.

If you e-filed a document on NYSCEF that requires the attention of the Court, please notify chambers.

All email correspondence from the Court will be sent to the email service address of record for each e-filing participant in the action/proceeding. It is the responsibility of counsel to ensure that the email service address is accurate and up to date. This address can be modified by request made to the NYSCEF E-Filing Resource Center.

Until further notice, chambers is not accepting working copies for e-filed motions.

MOTION CALENDARS
Part 88 motions are heard every Wednesday and Thursday. There will be no personal appearance or calendar call for the motion calendar. All papers, including reply papers, must be e-filed at least two business days prior to the return date of the motion.

Counsel for the movant must contact chambers via email when all papers on the motion have been submitted. Opposing counsel must be copied on the email. If opposing counsel declines to oppose the motion, counsel must e-file an affirmation stating such. If the movant declines to submit a reply, the movant must e-file an affirmation stating such.

Motions on the calendar may be withdrawn by submission of a stipulation signed by all parties prior to the return date. If a matter is settled, discontinued or otherwise disposed of, counsel shall inform the Court in writing as soon as possible. This notification shall be made in addition to the filing of a stipulation.

The Court will entertain oral argument in its discretion when it is deemed necessary. If the Court entertains oral argument, counsel will be advised of the time and date via email. Oral argument will be conducted using Microsoft Teams. An email invitation with an access link will be sent to the email service address of record for each party prior to the date of the oral argument.

Motions
For matters subject to e-filing via NYSCEF, all motion papers and submissions must be e-filed. Unrepresented litigants must also e-file their papers after creating an account in accordance with the instructions at NYSCEF Unrepresented Litigants.

For non-NYSCEF cases, all motion papers must be filed with the Kings County Clerk’s Office and then emailed in PDF format to chambers with proof of filing. Opposing counsel must be copied on the email. All exhibits to motion papers must be separated by exhibit spacer pages in place of exhibit tabs.

The first page of every motion submission (notice of motion, opposition, reply, etc.) must reflect the motion sequence number in the upper-right corner below the index number. All submissions shall include a direct telephone number and email address for the handling attorney.

Motion papers must be served on adversaries per CPLR 2214 unless stipulated or ordered otherwise.

Adjournments
Applications for adjournments may be made by stipulation signed by all parties. The fully executed stipulation must be e-filed at least two business days prior to the return date. Counsel must confirm the availability of the selected adjourn date with chambers before filing the stipulation. Please notify chambers via email when the fully executed stipulation is e-filed.

For non-NYSCEF cases, the fully executed stipulation must be emailed to hpeck@nycourts.gov or jlorenzo@nycourts.gov.

Only three adjournments are permitted by stipulation upon consent of all parties. If there is opposition to the application, counsel must contact chambers at least two business days prior to the return date of the motion for a ruling on the application.

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 a party to appear on the return date of the motion.

TRIALS – In Person
Prior to the commencement of trial, counsel must submit to the Court by email marked pleadings, a copy of the bill of particulars, a witness list and an exhibit list. Counsel must provide the Court with copies of any deposition testimony that will be offered into evidence. All trial exhibits shall be pre-marked for identification, and where possible, counsel shall stipulate to the admissibility of documents and records. Counsel must submit proposed jury charges and verdict sheets to the Court in typed form prior to commencement of trial. The proposed jury charges and verdict sheet must be emailed to chambers at jlorenzo@nycourts.gov in editable text format such as .doc or .wpd. Opposing counsel must be copied on the email.

Motions in limine shall be made as early as possible and at least three days prior to the commencement of trial. Counsel shall submit a brief written affirmation and/or memorandum of law setting forth the nature of the application and any supporting statutory authority or case law. Motions in limine should be e-filed as “Pre-Trial Memorandum” on NYSCEF and emailed in PDF format to jlorenzo@nycourts.gov. Oral applications will not be entertained.

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.

Except as otherwise permitted by the CPLR, subpoenaed records for trial must be sent to “New York State Supreme Court, Kings County, Subpoenaed Records, 360 Adams Street, Brooklyn, New York 11201.” Trial authorizations should be filled out accordingly. It is the responsibility of the attorneys to ensure that the subpoenaed records have arrived in the records room before trial.

Please provide business cards for the Court and court reporter.

TRIALS/HEARINGS – Virtual
All virtual trials or hearings will be conducted using Microsoft Teams. In order to participate, your device must have video conference capabilities (camera and microphone). An email invitation with an access link will be sent to the email service address of record for each party prior to the trial or hearing.

At least 10 days prior to the trial or hearing, counsel must submit to the Court by email marked pleadings, a copy of the bill of particulars, a witness list and an exhibit list. The witness list shall include the name of each witness, an email address and a back-up telephone number in the event of technical difficulties. Counsel shall confer on the witnesses to be called and the order they will be called prior to the virtual pre-trial conference or hearing.

Counsel shall submit each proposed document exhibit to chambers by email. Each proposed exhibit must be submitted as a separate PDF with a unique file name (e.g., “Plaintiff Exhibit 1” or “Defendant Exhibit A”). All exhibits of more than one page must be Bates stamped or otherwise paginated in order to prevent any confusion as to which page of the exhibit is being referred to. Counsel shall make a good faith effort to agree on the exhibits and records that will be offered into evidence without objection. Counsel must contact chambers to arrange for submission of exhibits not capable of being reduced to PDF format.

Counsel must have a separate camera available for each individual participating in the virtual trial or hearing so that the Court can see counsel and the witness at all times simultaneously. Participants may not share the same camera or screen.

Motions in limine shall be made in accordance with the instructions above.

For further information, please consult generally the NYS Unified Court System’s Virtual Bench Trial Protocols and Procedures available here.

INFANT COMPROMISE ORDERS
Infant compromise petitions must comply with CPLR 1207, 1208 and 22 NYCRR 202.67. If necessary, chambers will send a letter of instruction to request revisions and/or missing documents. Please notify chambers via email at jlorenzo@nycourts.gov when the petition is e-filed. It is incumbent upon counsel to properly notice opposing counsel or the other side.

Pursuant to 22 NYCRR 202.5(e)(2), the Court requires that the infant-petitioner’s full name and date of birth appear in the proposed order. Counsel may e-file a redacted version of the proposed order on NYSCEF and email an unredacted version to jlorenzo@nycourts.gov. Questions or concerns on this matter may be addressed to chambers. All submissions must include either a letter of tender offering the proposed settlement amount or a stipulation of the parties reflecting same. If the infant is fourteen years or older, an affidavit of consent from the infant must be included in the petition and filed with the Court.

CPLR 1208(d) requires that the infant’s guardian, the infant and counsel appear before the Court for a hearing unless attendance is excused for good cause. Upon a request to the Court to excuse said hearing, counsel must include with the petition an affidavit of the guardian attesting to any facts which demonstrate that said appearance would constitute a particular or unnecessary hardship in light of circumstances regarding the COVID-19 pandemic.