IAS Part 83 Rules
360 Adams Street
Brooklyn, New York 11201
Courtroom Room: 738
Courtroom Telephone: 347-401-9250
Chambers Room: 942
Chambers Telephone: 718-500-4015 / 4016
Chambers Fax: 212-618-7959
Principal Law Secretary: Justine Lozada, Esq.
Assistant Law Secretary: SaBreigha Dixon, Esq.
Part Clerk: Insent Clarke
Updated: October 6, 2023
There shall be personal appearances for the Part 83 calendar. All conferences, hearings, and oral argument on motions shall be conducted in court, virtually, or telephonically as directed by the court. In person appearances will be specified in notices sent to parties.
Motion Days: Every other Wednesday and on non-motion days as determined by the court.
Virtual oral arguments will be conducted via Microsoft Teams. Parties may access the Part 83 Virtual Courtroom via the hyperlink and/or dial-in information that corresponds with the return day (every other Wednesday). The first calendar call, whether virtual or in person, is 9:45 A.M. and a second call will occur at 10:30 A.M. A party’s failure to appear may result in the motion being marked off.
Wednesday: Click here to join Wednesday Part 83 motion day
Or call in (audio only)
+1 347-378-4143,,551696009# United States, New York City
(833) 262-7886,,551696009# United States (Toll-free)
Phone Conference ID: 551 696 009#
A separate hyperlink will be provided for non-motion day appearances with the date and time of the appearance.
A courtesy notice will be posted on NYSCEF/E-Courts with the part rules and hyperlinks for motion days.
All motion papers must be filed electronically through NYSCEF. If the action is not an e-file case, motion papers may be filed with the Motion Support Office (360 Adams Street, Room 227). Motion papers and all responsive documents must be served in accordance with CPLR § 2214 or the most recent Administrative Order, unless otherwise stipulated by the parties or directed by the court.
Attorneys of non e-filed cases shall provide the court with courtesy copies of motions and responding papers in the box located in front of courtroom 738, within 10 days after filing.
At least three days before the scheduled virtual appearance, the parties may submit a stipulation.
- Consenting to an adjournment with briefing schedule (Only two adjournments permitted without prior court approval).
- There will be no additional adjournments unless good cause is shown for failure to comply with the briefing schedule.
- Indicating the entire motion, or portions thereof, is resolved.
- Withdrawing the motion.
Stipulations that fit within the above three categories must be filed through NYSCEF and a courtesy copy emailed to [email protected].
Stipulations in matters that are not e-filed, may be emailed or faxed to chambers at 212-618-7959. Any communication must be on notice to all parties. After the parties obtain two adjournments, a further adjournment on consent (with a briefing schedule) may be permitted, if good cause is shown.
Motions that are randomly calendared under Part 83 by the motion support office or another Justice will be administratively adjourned to one of Part 83 motion days. Parties may check e-courts to verify appearance dates.
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 physicians affirmation that is prepared within one year 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. Attorneys shall forward and unredacted copy of the Order to the Part email.
Upon submission of all required documents, a time-certain hearing via Microsoft Teams 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.
TRIALS
Motions in Limine. 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.
Pleadings. Marked pleadings must be submitted prior to or on the day of trial.
Requests to Charge. The parties shall provide proposed requests to charge at the commencement of trial, which may be adjusted if necessary.
Exhibits. Counsel shall provide the court with marked exhibits, or a list of exhibits, when marking the actual exhibits prior to trial cannot be done (i.e. subpoenaed documents).
Plaintiffs shall number their exhibits and defendants shall letter their exhibits in the order in which they will be introduced at trial and advise the part clerk.
Depositions. A copy of the deposition transcripts intended to be used at trial shall be furnished to the Court prior to their us.
SUBPOENAS
Attorneys shall notify the part clerk of any requests for so ordered subpoenas on the first day of trial.
Subpoenas shall be filed on NYSCEF to be so ordered and shall be picked up outside of courtroom 738.
DEFAULTS
A motion may be marked off, or a default judgment entered, if a party fails to appear for a scheduled, virtual court proceeding.
****NOTE: This court will not accept unsolicited documents and correspondence. Calls to chambers are 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).
For routine matters, please consult the above rules. Most calendaring questions can be resolved by visiting E-courts (https://iapps.courts.state.ny.us/webcivil/FCASMain), or contacting the appropriate Motion Support staff. After exhausting those options, the Part 83 Clerk may be contacted. If your case is assigned to Justice Joseph but calendared in one of the Discovery Parts (i.e. Compliance Conference Part, Final Conference Part), please check the Rules specific to that Part.
