Hon. Aaron D. Maslow: Part 2 Rules

Part 2 Rules

Supreme Court
Civil Term - IAS Part 2
Courtroom Number 18.36
320 Jay Street
Brooklyn, NY 11201

Courtroom Telephone Number: (347) 296-1082
Chambers Telephone Number: (347) 401-9349

Most inquiries can be answered by referring to the Part Rules, which contain detailed provisions governing practice and procedure in IAS Part 2.  Prior to initiating a call, the Rules must be consulted. Please do not call chambers with questions concerning adjournments, appearances, calendaring, or motion dates. Only if Motion Support, (347) 401-9249, is unable to answer your inquiry and eCourts does not contain the information you seek, then inquiry may be made to our Part Clerk at (347) 296-1082.

Principal Law Clerk: Gregory Danenberg (gdanenberg@nycourts.gov)
Assistant Law Clerk: Vacant
Part Clerk: Melissa Figueroa Goldman (mfiguero@nycourts.gov)


Updated: March 27, 2024


PART I. MOTIONS & SPECIAL PROCEEDINGS

Subpart A. Introduction

  1. Provisions applicable to special proceedings. Unless otherwise provided specifically with respect to special proceedings, references to motions in the within Part Rules shall be deemed to include special proceedings.
  2. Part Rules Control. To the extent that the following rules concerning motions and special proceedings are inconsistent with 22 NYCRR 202.8 through 202.8-g or the Kings County Supreme Court Uniform Civil Term Rules, these Part Rules herein shall control.

Subpart B. Papers

  1. Caption. All motion papers must include the current full caption; said caption must be accurate, especially if it was amended subsequent to the filing of the original papers.
  2. Motion Sequence Number. All motion papers shall include the Motion Sequence Number in the case together with other pertinent information to the right of the caption.
  3. Hardcopies. For motions where the papers are filed on NYSCEF, hardcopies of a party’s papers shall be submitted in the event that the party’s papers exceed 75 pages.  This hardcopy submission -- which shall include a contents list -- shall be made at least nine calendar days prior to the date on which the motion is calendared, in order to facilitate review in advance by the Court.
  4. Proposed orders. All movants shall submit with their motion papers a proposed order for the Court’s consideration, which in NYSCEF shall be filed separately and designated as “ORDER (PROPOSED).” Proposed orders seeking consolidation of actions shall include the new caption. Parties opposing a motion may submit a counterproposed order, designated as “ORDER (PROPOSED).”
  5. Proposed judgments in special proceedings. All petitioners in special proceedings shall submit with their papers a proposed judgment for the Court’s consideration, which in NYSCEF shall be filed separately and designated as “JUDGMENT - TO COURT (PROPOSED).” Parties opposing a petition in a special proceeding may submit a counter-proposed judgment, designated as “JUDGMENT - TO COURT (PROPOSED).”
  6. Relief requested to be specified. Moving papers shall specify in detail the relief requested. Movants are encouraged to prepare the notice of motion in conformity with 22 NYCRR 202.7.
  7. Responsive papers to notice of motion or notice of petition. Responsive papers to a notice of motion are expected to be filed timely in accordance with CPLR 2214. Untimely papers shall be accompanied by an explanation as to why they are late. Untimely papers may be rejected by the Court; their acceptance shall be at the Court’s discretion. Untimely reply papers are presumptively not to be considered.
  8. Responsive papers to order to show cause. Unless otherwise directed in the order to show cause, papers in response to a motion or petition brought on by order to show cause shall be submitted at least eight days before the motion calendar date designated therein; however, if the order to show cause is received within such eight-day period, the responsive papers shall be submitted not later than by 5:00 p.m. of the second day prior to the motion calendar date designated in the order to show cause.  No reply papers shall be submitted by the movant or petitioner where a motion or special proceeding is commenced by order to show cause unless leave is obtained from the Court.
  9. Legal argument. Legal argument is more properly set forth in a memorandum oflaw. However, if legal argument is asserted in an attorney affirmation, it should clearly be delineated in a separate component from the asserted facts. Legal argument shall (a) refer to averred facts in the party’s papers or in opposing papers with references to particular affirmations, affidavits, and documents by page and paragraph numbers, (b) discuss the law, (c) apply the averred facts to the law, and (d) set forth the party’s requested outcome of the motion. With respect to summary judgment motions, the parties should not include general, well-known propositions of law such as “To succeed on a motion for summary judgment, the movant is required to establish its entitlement to judgment as a matter of law by demonstrating that there are no questions of fact, shifting the burden to the nonmovant to raise a question of fact.” Citations to case law directly on point on the subject issues shall be included in legal argument. They may  be set forth in narrative format or in list format along with their facts and holdings. If there is no case law directly on point, the writer shall so state and indicate that the issue posed is one of first impression. If a cited case is not directly on point, its applicability to the motion at issue should be clearly explained; in other words do not cite a case not directly on point unless you explain how it supports your position. Case law in conflict with a party’s position should be distinguished.
  10. Statement of material facts. A separate statement of material facts, as discussed in 22 NYCRR 202.8-g, need not be submitted by a movant for summary judgment, provided that the facts relied on are set forth in affirmations/affidavits by persons with direct knowledge. In the event that a movant does not submit a separate statement of material facts, the affidavits/affirmations relied upon by the opposing party shall reference asserted facts in the movant’s papers with specification of the paragraph number in the affidavit/affirmation submitted by the movant and indicate whether or not an asserted fact is accurate or not; if not, it shall be explained why that is the case.
  11. Identification of the parties; diagrams. An identification of the parties shall be set forth at the outset of the main affirmation/affidavit relied on by a party. This is especially true with respect to cases where there are multiple defendants. The identification may take place in narrative text form but it is preferred that it be set forth in a list or table. For example, the parties may be identified with the following terms:

    • “property owner”
    • “tenant”
    • “general manager”
    • “property manager”
    • “general contractor retained by ABC Corp.”
    • “sub-contractor to FGH Corp.”
    • “sub-sub contractor to “LMN Corp.”
    • “employee-custodian”
    • “employee-supervisor”
    • “cleaning service company retained/employed by QRS Corp.”
    • “guarantor”
    • “merchant”
    • “purchaser of accounts receivables”
    • “lender”
    • “borrower”
    • “mortgagor”
    • “mortgagee bank”
    • “plaintiff vehicle driver”
    • “plaintiff passenger in vehicle driven by John Doe”
    • “plaintiff pedestrian assertedly struck by Mary Moe”
    • “plaintiff bicyclist assertedly struck by John Jones”
    • “defendant vehicle driver who assertedly struck vehicle driven by Bob James”
    • “defendant vehicle driver in which James Brown was passenger”
    • “defendant owner of vehicle driven by Ellen Smith”
    • “defendant driver of vehicle which assertedly struck vehicle driven by Fred Johnson, causing the Johnson-driven vehicle to strike vehicle driven by Sam Paris”

    Following this initial identification of the parties, standard terminology using the parties’ names is appropriate. Affidavits may also include a diagram and photographs of a motor vehicle accident, from the sworn perspective of the affiant who shall provide authentication.

  12. Videos. Videos which are exhibits to motion papers shall be submitted to chambers (after first alerting chambers) on a flash drive or through a link to a website such as YouTube. They shall be properly identified and authenticated under oath or by affirmation. The same shall be made available to all other parties.
  13. Previously electronically-filed documents. Where reference is made to a previously electronically-filed document, said document must be submitted as an exhibit on the motion.
  14. Serious injury threshold. Motions for summary judgment with respect to the serious injury threshold set forth in Insurance Law § 5104(a) and 5102(d) shall clearly identify in the moving papers each category of serious injury asserted in the bill of particulars and separately indicate with respect to each category why the movant believes it has established a prima facie case of entitlement to judgment as a matter of law. Papers in opposition to such a motion shall separately indicate with respect to each threshold category why assertedly the movant did not make out its prima facie case and/or why the opposing party has rebutted it. For all parties, references to specific pages/paragraphs in specified NYSCEF Document Numbers (or name of document in paper-filed motion) in supporting affidavits, medical records, deposition transcripts, etc., shall be included in the submitted affirmations/affidavits and/or memorandum of law.
  15. Article 75 proceedings. Petitioners in Article 75 proceedings must explain in their papers the specific reasons why the respective arbitration award was assertedly erroneous and should be vacated; respondents must explain in their papers why the award assertedly should be confirmed. Reference to the particular portions on pages of the arbitrator’s award, including quotations from it, shall be set forth. Broad, general statements concerning the arbitration award are not acceptable.
  16. 60-day post-note of issue deadline. Regardless of the underlying type of case, all motions and cross-motions for summary judgment submitted past the 60-day postnote of issue deadline (Kings County Supreme Court Uniform Civil Term Rules Part C (6)) shall include an explanation in an attorney affirmation why the party asserts good cause for the untimely submission (see Miceli v. State Farm Mut. Auto. Ins. Co., 3 N.Y.3d 725 [2004]; Brill v. City of New York, 2 NY3d 648 [2004]; Bennett v. State Farm Fire and Cas. Co., 198 A.D.3d 861 [2d Dept 2021]).
  17. Reargument or renewal.  All motions for reargument or renewal shall include a transcript of the previously held oral argument and any decision rendered from the bench.  If a decision was written it shall be included.  This is all in addition to the submission of a copy of the order and/or judgment concerning which reargument or renewal is sought.
  18. Service of papers. All motion papers, regardless of the party submitting them, shall be served on all appearing parties, either through NYSCEF (if a party is listed with contact information) or otherwise according to statute or other rule.
  19. Additional modes of service of papers on certain parties.  Additionally, if there are parties who have not appeared in the action and against whom a default judgment has not been entered or if there are self-represented parties, the papers -- whether in support of or in opposition to, the motion -- shall be served on them additionally as follows: (a) by first-class mail (with postmarked certificate of mailing) to all known residence and business addresses, (b) by certified mail, return receipt requested to all known residence and business addresses, and (d) to known email addresses, regardless of said papers having been served already otherwise (e.g., a filing in NYSCEF).
  20. Proof of service. Proof of service of motion papers shall be submitted separately -- not at the end of a submitted paper -- when filing in NYSCEF. Proof of service shall be filed even if service was by filing in NYSCEF.

Subpart C. Appearances

  1. Motion Calendar. Upon receipt of a motion, the motion will be placed on the Court’s motion calendar (motion calendar date) by the Motion Support office but not necessarily on the return date specified in the notice of motion. Sometimes Part 2 will administratively adjourn a motion even after it has been calendared by Motion Support; examples can be if there are other pending motions in the action and they all should be heard together, or if the motion is more properly addressed in another part (e.g., PC/Intake, Central Compliance Part, Final Compliance Part, Default Judgment Motion Part, or the part of the justice who issued an order which is sought to be reargued or renewed). Counsel are responsible for monitoring communications from the court as to the particular calendar date. Check e-courts (https://iapps.courts.state.ny.us/webcivil/FCASMain). Telephone inquiries seeking information concerning a motion calendar date should be made in the first instance to Motion Support at (347) 401-9249; in the second instance to the Part Clerk.
  2. Notifying certain parties of motion calendar date. If there are parties who have not appeared in the action and against whom a default judgment has not been entered, if there are self-represented parties, or if counsel is seeking to be relieved from representing a party, counsel for the movant shall notify them of the original motion calendar date and any adjourned motion calendar date as follows: (a) by first-class mail (with postmarked certificate of mailing) to all known residence and business addresses, (b) by certified mail, return receipt requested to all known residence and business addresses, and (d) to known email addresses, regardless of the motion papers having been previously served.  Said notice shall include a summary of the relief sought, the Court’s address and courtroom number, and a copy of these Part Rules.  Proof of service of such notice shall be filed.  This is in addition to such other service as may have been effectuated in compliance with statute or general court rules (e.g., a filing in NYSCEF) or in an order to show cause.  Further, this is in addition to any other method which may be ordered by the Court.
  3. Agreed-upon remedy. If the parties can agree to a remedy prior to the motion calendar date, an order can be submitted through NYSCEF using document type “ORDER (PROPOSED),” for review by the Court. The motion sequence number, or numbers, must be written on the proposed order. Counsel making motions which are relatively uncontroversial such as motions to consolidate, to conduct a joint trial, to amend a caption, or to substitute a personal representative for a decedent, are encouraged to consult with opposing counsel. If the parties can agree on the relief sought in these instances or can agree on alternative relief in any type of motion made, a stipulated proposed order may be submitted through NYSCEF using document type “ORDER (PROPOSED),” for review by the Court. In all instances where a proposed order is submitted, copies also shall be emailed to the Part Clerk and the law clerks.
  4. Withdrawal. If a motion is withdrawn, the other parties shall be notified expeditiously.  Copies of motion withdrawal papers shall also be emailed to the Part Clerk and the law clerks, even if the withdrawal is filed with NYSCEF.
  5. Motion Calendar Day. Motion calendar day is usually Friday unless Court will not be available due to a holiday or otherwise.  Certain complex motions may be scheduled to be heard separately on another day.
  6. Personal appearances. All appearances must be in person.  All motions presumptively are to be argued in person unless the Court informs the parties at least two days in advance that it has made a sua sponte determination that a motion will be determined on submission.  These instances will be rare.  If a party (movant or opposition) does not want a motion determined on submission, it shall so indicate in a prominent place in its papers.
  7. Calendar calls. Motion calendar calls are at 9:30 a.m. (First Call) and 10:15 a.m. (Second Call).  Second Call may be delayed if the court is hearing oral argument on motions marked Ready on First Call.  Due to the many motions being considered, oral arguments are expected to last into the afternoon, perhaps as late as 3:00 p.m.  Attorneys should take this into account in planning their appearances.
  8. On the record. All argued motions shall be on the record. Counsel and self-represented parties shall be prepared to give the court reporter one business card or slip of paper with the relevant information.
  9. Business card / information form. All counsel and self-represented parties must be prepared to give the Court a business card or fill out a slip of paper to be obtained from the court officer. On a business card, the name of the party should be written. Alternatively, one can fill out a slip of paper in advance with the following information: (a) party represented (name if there is more than one party on the respective side of the “versus”), (b) firm of record, (c) firm of record address, (d) firm phone number, (e) your phone number, (f) your name, (g) your address if different from firm of record address, (h) status (with the form or of counsel), and (i) your email address. The following is a reproduction of the information form available from the court officer:

Party Represented (specific name): _______________
Firm of Record: _______________________________
Firm of Record Address: ________________________
Firm Phone: ___________ Your Phone: ____________
Your Name: __________________________________
Your Address (if diff. from above): _________________
Status: ______ with the firm ______ of counsel
Your Email: __________________________________

  1. Conflicts on motion calendar date. Attorneys who must appear on a motion calendar date in other cases in Supreme Court -- either at 360 Adams Street or at 320 Jay Street -- must advise the Part Clerk of your conflict so that you may be accommodated, e.g., oral argument may take place out of turn or after Second Call. If a party who has answered “Ready” must leave for another appearance in the Supreme Court, the Part Clerk must be so informed. Attorneys who leave the courtroom to attend to another matter should leave their cell phone number with the Part Clerk.
  2. Defaults. Pursuant to 22 NYCRR 202.27, the Court has discretion in addressing a calendar default. Motions that have not been answered by a party by the end of the last calendar call may be marked off or a default may be entered, as appropriate, when there is a nonappearance. Vacatur of a default requires both a reasonable excuse for the nonappearance and a showing of merit.
  3. Familiarity. The Court endeavors to review motion papers in advance of argument. Appearing counsel are expected to be familiar with their cases, including the underlying facts and all parties’ positions. Please be prepared to explain why you oppose the salient arguments of opposing counsel. Please be prepared to refer to specific assertions or pages in submitted exhibits in all parties’ papers; to facilitate this, counsel should bring to oral argument hardcopies or portable electronic devices containing the papers.
  4. Serious injury threshold. In oral argument on summary judgment motions with respect to the serious injury threshold set forth in Insurance Law § 5104(a) and 5102(d), counsel shall explain why or why not their client is entitled to or opposes summary judgment with respect to each threshold category asserted in the bill of particulars.
  5. Article 75 proceedings. Petitioners in Article 75 proceedings should be prepared to explain in specifics why the arbitration award was assertedly erroneous and should be vacated; respondents should be prepared to explain why the award assertedly should be confirmed. Reference to the particular portions on pages of the arbitrator’s award shall be made during oral argument.
  6. Decisions from the bench. If the Court issues a decision from the bench, counsel must be prepared to settle or submit a short-form order if so directed (even if a proposed order was previously submitted). It shall be handed to the court officer, who in turn will transmit it to the Court or a law clerk. Such settled short-form orders will be reviewed in chambers at a later time for completeness and accuracy, at which time any appropriate modifications may be made prior to signing by the Court. Counsel may photograph the proposed short-form order before handing it to the court officer if desired inasmuch as carbon copies will not be available in most instances. Counsel should check NYSCEF or the County Clerk’s website to obtain copies of signed orders.
  7. Particularized short-form orders. In special circumstances, the Court may use particularized short-form orders. This includes the following (and when submitting a proposed order the format of these particularized short-form orders should be used):
  8. Settle or submit. In the event the Court directs parties or a party to settle or submit a more detailed order, besides filing it with NYSCEF, a version in Microsoft Word shall be emailed to the law clerks.
  9. Serving certain parties with order. If an order has been issued on a motion where there is a party who has not appeared in the action and against whom a default judgment has not been entered, a self-represented party, a party whom counsel is seeking to be relieved from representing, or a party who has appeared in the action but did not appear on the motion calendar date, counsel for the prevailing party on the motion shall serve a copy of the signed order as follows: (a) by first-class mail (with postmarked certificate of mailing) to all known residence and business addresses, (b) by certified mail, return receipt requested to all known residence and business addresses, and (d) to known email addresses, regardless of the order having been served also as required by statute or rule.  This is in addition to any other method which may be ordered by the Court.
  10. Personal injury actions. Counsel representing parties on motions in personal injury actions are expected to be knowledgeable about the underlying facts of the case; failure to so may hinder informed discussion at a settlement conference should the Court conduct one after the motion has been argued.

Subpart D. Adjournments

  1. Standards and procedures for seeking adjournments.   All adjournments are at the discretion of the Court.  Applications for adjournments and stipulations of adjournment shall be submitted through NYSCEF or by filing a paper copy with the Court at Motion Support, Room 227, at 360 Adams Street (with a copy served upon all other counsel or pro se parties).  The deadline for filing such applications for adjournments and stipulations of adjournments shall be 5:00 p.m. of the third day prior to the scheduled motion date.  If said third day prior to the scheduled motion date is a Saturday, Sunday, or holiday, the deadline shall be 5:00 p.m. of the last business day before said third day prior to the scheduled motion date.  All applications for adjournments and stipulations of adjournment submitted in the aforesaid manner shall also be emailed to the Part Clerk and the law clerks.
  2. Late requests for adjournments.  If an application for adjournment or stipulation of adjournment has not been submitted in the foregoing manner, and counsel still wishes to apply for an adjournment, application shall be made only in person on the scheduled motion date.
  3. Contents of applications for adjournments and stipulations of adjournment. Applications for adjournments and stipulations of adjournment must (a) identify which party seeks the adjournment, (b) set forth the good-cause reason for it, (c) provide details of any prior adjournments of the motion, and (d) list future motion calendar dates for other sequenced motions in the case.  Under no circumstances shall counsel stipulate to adjourn a motion to a specific date; since adjournments are at the discretion of the Court, if a motion is adjourned the Court will determine the adjourned date.
  4. Inquiries regarding stipulations of adjournment. Counsel are not to assume that an application for adjournment or a stipulation of adjournment will be approved.  Inquiries as to whether an application for adjournment or a stipulation of adjournment has been approved shall be made to the Part Clerk, if counsel has not yet received a response.

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PART II. TRIALS

  1. Initial pre-trial conference. Once a trial is scheduled, all counsel must be aware of the schedules of their respective witnesses. All parties are required to attend the conference. When applicable, counsel must either bring or have ready access to any insurance adjuster. Counsel are encouraged to provide the court with cases determining relevant damages.
  2. In limine motions. Any potential evidentiary question or procedural or substantive law matter not previously adjudicated in the action shall be brought to the Court’s attention and addressed prior to trial by way of a written motion in limine. 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 and when otherwise requested by the Court. If the trial is scheduled more than 30 days after an initial pre-trial conference with the Court is held, any motions in limine must be made at least 15 days before the trial date. If a trial is scheduled less than 30 days after an initial pre-trial conference with the Court, any motions in limine must be made no later than the midpoint date between said conference date and the scheduled trial date.
  3. Plaintiff requirements. At least two days before the scheduled trial, the plaintiff must provide the court with marked pleadings and a bill of particulars.
  4. All parties’ requirements. At least two days before the scheduled trial, all parties must provide copies of the following to the Court:
    • Deposition transcripts anticipated to be used at trial along with proof of service of the deposition pursuant to CPLR 3116(a). Specific testimony to be used at trial should be highlighted.
    • A list of potential witnesses in the order they expect to call them -- including both fact and expert witnesses -- along with an offer of proof of expected testimony. Curriculum vitae of expert witnesses shall be provided. Copies of exchanged expert witness discovery shall also be provided to the Court.
    • Any anticipated PJI closing charges and a proposed interrogatory verdict sheet in both printed form and as an electronic Microsoft Word document. Citations to the PJI number shall be provided in addition to the text. If any closing charges given to the court at the beginning of the trial need to be modified, please inform the court of such modifications before the charging conference. If any proposed charges need to be modified to reflect the specific contentions of the parties, please provide the Court with the proposed language.
    • A binder of pre-marked exhibits intended to be offered into evidence. The binder shall include a table of the exhibits together with their proposed exhibit numbers or letters. Exhibits shall be appropriately separated. Plaintiffs’ exhibits shall commence with the number 1. Defendants’ exhibits shall commence with the letter A. The said binder shall be provided to the Court and all opposing counsel. The parties shall stipulate to the admissibility of evidence where to do so will not compromise any of the rights of the parties.
  5. Marking exhibits for identification. Prior to the trial commencing, the Part Clerk or court reporter shall pre-mark the exhibits in the aforesaid binders for identification.
  6. Subpoenaed records. It is the responsibility of the attorneys to ensure that subpoenaed records have arrived in the Subpoenaed Record Room.
  7. Final pre-trial conference. A final pre-trial conference will take place prior to trial. If settlement discussions are unsuccessful, the matter will proceed to trial.
  8. Business card / information form. Business cards or an equivalent information slip must be provided to the Court and the court reporter.
  9. Bifurcated trials. If the trial is bifurcated and the liability component results in a plaintiff’s verdict, the damages component shall follow thereafter.
  10. Objections during trial. If you raise an objection during the trial, please rise to do so and use no more than a few words to describe the grounds for the objection, i.e., “objection-relevance,” “objection-leading,” “objection-hearsay,” “objection-no foundation,” “objection-calls for speculation,” or “objection-not in evidence.” If you need to make an objection that cannot be stated in a few words words, ask for a sidebar and the court at some point will make a record outside the presence of the jury regarding the grounds for the objection.
  11. No instructing the jury on the law. Please avoid instructing the jurors on the law during jury selection, opening statements, or closing statements.
  12. Post-trial removal of evidence. 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.
  13. Bench trials. The Court encourages the parties to discuss settlement, but when there is a scheduled bench trial the Court will not be involved in such discussions. Upon request, the Court will attempt to provide a law clerk or someone else to discuss settlement. The foregoing trial rules not specific to jury trials shall likewise apply to bench trials and, in addition, a trial memorandum must be submitted before the commencement of the trial. It shall lay out the evidence expected to be adduced and apply it to relevant law. There is no requirement for a post-trial memorandum unless specifically requested by the Court.
  14. Summary Jury Trials. You can download rules governing summary jury trials at the court’s following website: https://www.nycourts.gov/COURTS/2jd/KINGS/Civil/summaryjurytrialrules.shtml.

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PART III. INFANT'S, INCOMPETENT'S, & DEATH COMPROMISES

  1. Requests. Requests for orders compromising an action where court permission is necessary must be supported by all information and documents required in the CPLR and the Uniform Rules-Trial Courts.
  2. Scheduling. Hearings will be scheduled by the court. Any adjournments must be obtained through chambers.
  3. Failure to comply. Failure to timely and fully respond to the Court's request for additional or supplemental documentation may result in the application being rejected. Upon rejection, a new application must be initiated.

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PART IV. HELP FOR SELF-REPRESENTED LITIGANTS

  1. Contact Information. Self-represented litigants may contact the Kings County Supreme Court Help Center (hours of operation: Mondays, Tuesdays, Wednesdays, and Thursdays from 9:00 a.m. to 5:00 p.m.). The location is 360 Adams Street, Room 123, Brooklyn, NY 11201. Their telephone number is (347) 296-1740, and their email address is 360ASupremeCivilSelfHelp@nycourts.gov.
  2. Resources. The following resources are online:

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PART V. MISCELLANEOUS

  1. Responsibility to maintain current contact information. Counsel are responsible for updating contact information in NYSCEF. Email addresses for persons responsible for the case must be current. A party which does not maintain up-to-date information on NYSCEF risks not receiving correspondence.
  2. Advice. When calling chambers please do not seek advice. Chambers may not provide advice to counsel or self-represented litigants. Chambers may not provide answers to questions such as “Do you think the judge will approve the stipulation of adjournment?” “What is the latest I can get to the courtroom for my motion?” or “How should I proceed since I missed the calendar call and my motion was marked off?”
  3. Correspondence to the Court. All correspondence to the Court, including filed papers, shall be served on all appearing parties, either through NYSCEF if the case is e-filed or otherwise according to statute or other rule if the case is not e-filed.  Additionally, if there are parties who have not appeared in the action and against whom a default judgment has not been entered, if there are self-represented parties, or if counsel is seeking to be relieved from representing a party, the correspondence shall be served on them additionally as follows: (a) by first-class mail (with postmarked certificate of mailing) to all known residence and business addresses, (b) by certified mail, return receipt requested to all known residence and business addresses, and (d) to known email addresses, regardless of said papers having been served already otherwise (e.g., a filing in NYSCEF).  This is in addition to any other method which may be ordered by the Court.
  4. Ex Parte communications. Under no circumstances shall mailed or emailed correspondence be sent to the Court without exact copies also being sent to other parties as provided herein.
  5. Requisite information in correspondence. Correspondence to the Court must indicate the following information: index number, shortened case name (e.g. Smith v. Jones, Brown v. Acme Ins. Co., Ajax Corp. v. MTA, etc.), motion calendar date if known, calendar number if known, and motion sequence number. Emails shall include such information in the subject matter line if the correspondence is with respect to a motion; an example is as follows: “599999-2023; Ajax Corp. v. MTA; July 7, 2023; Cal. No. 40, Seq. 5.”
  6. Submitting papers to the Court for signature. In submitting any papers to the Court for signature, there must be at least three lines of type above the space for the Court’s signature.
  7. Subpoenas. Subpoenas submitted for the Court’s So-Ordering must be accompanied by a brief counsel affirmation explaining the nature of the action and the basis for the subpoena.
  8. Interpreters. Requests for interpreters must be made at least one week prior to the respective court appearance.
  9. Kings County Supreme Court Uniform Civil Term Rules. The Kings County Supreme Court Uniform Civil Term Rules can be located online (https://ww2.nycourts.gov/courts/2jd/kings/civil/KingsCivilSupremeRules.shtml). Further useful information can be accessed at https://ww2.nycourts.gov/courts/2jd/kings/civil/index.shtml.
  10. Recusals. The Court takes seriously the provisions of 22 NYCRR 100.3(E). The Court may on application of a party or sua sponte recuse itself when appropriate. Counsel must inform the Court and adversaries if it believes that a recusal is possibly appropriate. Counsel must inform the Court and adversaries if they or their client knows the Court, the Court’s spouse or other close family member, or a Court staff member from a context outside the confines of the court system or if they or their client engaged in litigation previously with the Court, the Court’s spouse or other close family member, or a Court staff member. If in doubt as to whether to disclose the information, you should disclose it. Determinations of recusal shall be made by the Court.
  11. Recheck Rules. Please recheck these Part Rules if another appearance in the Part is anticipated, as the said Rules may be amended as circumstances dictate.

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