Hon. Larry D. Martin

Commercial 12 Part Rules

Part Information:
Kings County Commercial Part 12
Courtroom 741
360 Adams Street
Brooklyn, NY 11201

Courtroom: 347-296-1634
Chambers: 347-296-1461

Part Clerk: Taneka Teel

Motions: Wednesdays, 10:00 A.M.
Conferences: Tuesdays, 10:00 A.M.

Chambers Information:
Commercial Division, Kings County
Supreme Court of the State of New York
360 Adams Street, Room 1170
Brooklyn, New York 11201

Principal Law Clerk: David Pepper, Esq.
Assistant Law Clerk: Dorichel Rodriguez, Esq.

 

2nd JD – Civil Term, Kings Supreme Court

Motions

  1. Motions shall be heard every Wednesday in Room 741, in 360 Adams Street. The First calendar call is at 10:00 A.M. The Second Call is at 11:00 A.M. All motions must be orally argued. There is no check in procedure for the part. Motions that have not been previously adjourned or appropriately answered on the call, may be marked off, or a default may be entered, as appropriate. Counsels are advised that if a motion has been marked ready on the Second Call and no one appears to argue the motion when it is called to be heard, default may be taken against the party that answered ready and then failed to appear.
  2. No courtesy copies of motion papers are to be filed with Chambers or the Courtroom, unless requested. A courtesy copy of all e-filed papers to be considered on the motion must be available at the time the motion is argued.
  3. Motion papers, answering affidavits and reply affidavits must be served on adversaries as per CPLR 2214.
  4. All motions require appearances and oral arguments
  5. Motions may be adjourned twice upon consent of the parties or upon application to the Court. A confirmation, in stipulation form, is to be emailed to Chambers at dpepper@nycourts.gov and drodrig3@nycourts.gov. Any further adjournments must be with the consent of the Court.
  6. Summary judgment motions must be made within sixty (60) days of the filing of the note of issue except for good cause shown.
  7. Motions to either seek or enforce discover may not be made without prior court approval.
  8. Proposed orders to show cause must be brought to the Ex Parte Motion Support Office for review prior to submission to the part. Fees as required by law must be paid to the County Clerk prior to submission.

Conferences

  1. Conferences shall be heard every Tuesday in Room 741, in 360 Adams Street. The First calendar call will be held at 10:00 A.M. The Second Call will be held at 11:00 A.M. Default or other appropriate action may be taken for the absence of counsel to appear.
  2. Counsel should have copies of all prior discovery orders available at all compliance conferences.

Trials

  1. Marked Pleadings. Prior to trial, counsel shall furnish to the Court marked pleadings pursuant to CPLR Section 4012.
  2. Exhibits. Counsel shall pre-mark all exhibits in the order which they intend to introduce them at trial. A list of the exhibits shall be provided to the Court prior to trial. Plaintiffs will number their exhibits and defendants will letter their exhibits. Prior to trial, the exhibits and the list will be submitted to the Court reporter who will officially mark them before trial.
  3. Witnesses. Prior to trial, Counsel shall provide a list of potential witnesses, including expert witnesses, their expertise, and summary of expected trial testimony.
  4. Motions in Limine. Any potential evidentiary question 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 encouraged; citations and copies of relevant court decisions and statutes should be furnished to the Court prior to commencement of the trial and when otherwise requested by the Court.
  5. Demonstrative evidence is not permitted without first obtaining permission of the Court.
  6. No electronic media devices will be permitted absent express permission from the Court.
  7. Depositions. A copy of depositions intended to be used at trial should be furnished to the Court at the commencement of the trial.
  8. Proposed Jury Charges and Verdict Sheets. All proposed jury charges and proposed verdict sheets shall be submitted to the Court prior to commencement of the trial.
  9. All materials used during the trial must be removed within 48 hours of the conclusion of the trial. Materials not timely removed may be discarded.

 

 

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