Hon. Ingrid Joseph: Part 83 Rules

Part 83 Rules

360 Adams Street
Brooklyn, New York 11201
Courtroom Room #: 363
Courtroom Telephone #: 347-296-1170

Chambers Room #: 379
Chambers Telephone #: 718-500-4016/4015
Chambers Fax #: 212-618-7959

Principal Law Secretary: Sherveal R. Mimes, Esq.
Assistant Law Secretary: Shanayé Sweet, Esq.
Part Clerk: Tishawna Woodson

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Due to the Covid-19 Pandemic, the following rules shall take effect until further notice:
There shall be NO personal appearances for the Part 83 calendar.  All conferences, hearings, and oral argument on motions shall be conducted virtually or telephonically unless otherwise directed by the court.

Motion Days

Every other Wednesday and Thursday, commencing January 6, 2021.

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 (either Wednesday or Thursday).  The first calendar call 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# 

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Thursday: Click here to join Thursday Part 83 motion day
Or call in (audio only) 

+1 347-378-4143,,551696009# United States, New York City 
(833) 262-7886,,431335471# United States (Toll-free) 
Phone Conference ID: 431 335 471# 

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*Please Note: Limitations apply with Microsoft Teams dial-in option.

All motion papers must be filed electronically through NYSCEF.  If the action is not an e-file case, motion papers may be mailed to 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.

At least three days before the scheduled virtual appearance, the parties may submit a stipulation:
 

  1. Consenting to an adjournment with briefing schedule. (Only two adjournments permitted without prior court approval).
  2. Indicating the entire motion, or portions thereof is resolved.
  3. Withdrawing the motion.

 Stipulations that fit within the above three categories must be filed through NYSCEF and a courtesy copy emailed to KSCCVPart83@nycourts.gov.

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 physician's 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.

A time-certain hearing via Microsoft Teams will be scheduled upon submission of all required documents. 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.

Depositions.  A copy of the deposition transcripts intended to be used at trial shall be furnished to the Court prior to their use.  
    
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.

NOTE: The above rules may be amended due to the ongoing pandemic and newly executed Administrative Orders.