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 contact the Rules must first be consulted.  Please do not call chambers with questions concerning adjournments, appearances, calendaring, or motion dates. Such inquiries are to be directed to our Part Clerk in compliance with the procedure detailed in the Rules.

Principal Law Clerk: Gregory Danenberg, [email protected]
Secretary to Judge: Kristin Hazelton, [email protected]
Part Clerk: Melissa Figueroa Goldman, [email protected]

 Contacting the Court | Motions & Special Proceedings | Trials | Infant's, Incompetent's, & Death Compromises | Help for Self-Represented Litigants | Miscellaneous Rules 

Updated: June 3, 2024

PART I. CONTACTING THE COURT

§ 1. Read the Rules.  Do not contact the Court without first reading these Rules.  Many questions for IAS Part 2 can be answered by reading these Rules or checking on eCourts at https://iapps.courts.state.ny.us/webcivil/ecourtsMain. 

§ 2. Scheduling or logistical issues regarding appearances. All scheduling and logistical issues with respect to appearances which cannot be answered by consulting these Rules or eCourts SHALL be addressed to the Part Clerk via email and not via telephone – and not to chambers.  However, if the inquiry is being made less than 24 hours prior to the scheduled appearance, inquiries concerning scheduling or logistical issues not covered by these Rules or eCourts may be made by phone call to the Part Clerk – but not to chambers. See below for further information regarding emails.

§ 3. Requisite information in all correspondence.  Correspondence to the Court SHALL include the following information within an email or letter: index number, shortened case name, motion sequence number, motion calendar date if known, and calendar number if known.

§ 4. Subject matter headings for emails.  To facilitate prompt and timely responses, the subject matter headings for emails SHALL conform to the following styles, with the initial item of information being the motion, hearing, or trial date, followed by the nature of the issue, the index number, the motion sequence number (if any); and a very abbreviated caption:

08-23-2024; Adj Stip; 599999-2023 Mot Seq 5; Jones v 112 Main St

08-23-2024; Adj App; 599999-2023 Mot Seq 5; Jones v 112 Main St

07-05-2024; Withdrawal; 566666-2022 Mot Seq 13; B.G. v Imperial Taxi

09-03-2024; Interpreter, Hearing; 588888-2022; Ajax Corp. v. MTA

09-10-2024; Ctroom technology; Trial; 511111-2019; Mims v Smith

09-26-2024; Conflict w other appearance-delay; 1234-2015; Brady v Acme Bank

09-22-2023; Reporter’s contact info; 508333-2020 Mot Seq 3; 92 Mill Ave v Groves

10-04-2024; Arrange hardcopy delivery; 500123-2020 Mot Seq 10; Rabbit House v 855 Broadway

Unscheduled; infant comp; 501234-2024; J.B. v Bob’s Limo

Unscheduled; request arbitration; 512345-2022; Manley v Driggs

§ 5. Advice; improper questions.  Never seek advice from IAS Part 2.  Neither the Part Clerk nor chambers are permitted to provide advice to anyone.  Moreover, chambers may not provide answers to the following questions or similar ones, because either the information sought is available elsewhere, such as in these Rules, on e-courts, or in the CPLR or 12 NYCRR Part 200, or it calls for the provision of advice:

• “How should I proceed since I missed the calendar call and my motion was marked off?”
• “I was not aware that my motion was on last week; could it please be restored?”
• “Do you think the judge will approve the stipulation of adjournment?”
• “I missed the deadline for submitting an adjournment request.  What should I do?”
• “When is my motion adjourned to?”
• “Do I have to appear in person for the motion?”
• “What time is the calendar call?”
• “Do I have to submit a hardcopy of my motion papers?”
• “Where do I submit a hardcopy of my motion papers?”
• “Where is your courtroom located?”
• “How do I submit an infant’s compromise to the Court?”

§ 6. 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). 

§ 7. 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.

PART II. 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.

§ 3. Secretary to Judge.  References to “law clerks” in these Rules shall be deemed to include the Secretary to Judge, should one be listed above.

§ 4. Pro se parties.  Pro se parties, as well as counsel, are required to comply with these Rules.

Subpart B. Papers

§ 1. Caption.  All motion papers must include the current full caption, i.e., no “et al.” or “et ano.”; 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.  Where a party’s papers filed on NYSCEF in support of or in opposition to a motion cumulatively exceed 75 pages (including, but not limited to, notice of motion, affirmation, affidavits, exhibits, transcripts, prior orders, photographs, memorandum of law, and reply papers), the party shall submit to the Court a printed copy of its papers (hardcopies), along with a contents list.  This rule applies to all parties.  The purpose for this is to facilitate review in advance by the Court (see Ramzy v Safdi Plaza Realty Inc., 80 Misc 3d 1236[A], 2023 NY Slip Op 51175[U] [Sup Ct, Kings County 2023]).  The deadline for its receipt shall be nine days prior to the date on which the motion is calendared unless by law the deadline for filing same is after said deadline, in which event the deadline shall be the day the papers are filed on NYSCEF.  Hardcopy submissions may be mailed to the Court – to Hon. Aaron D. Maslow, Justice of the Supreme Court, 320 Jay Street, Courtroom 18.36, Brooklyn, NY 11201. In-person submissions may be brought to the courtroom so long as you have confirmed with the Part Clerk by email that she will be available to accept them.

§ 4. Proposed orders.  All movants shall submit with their motion papers a proposed order for the Court’s consideration as an exhibit with the Additional Document Information description of “Proposed Order.”  Proposed orders seeking full consolidation of actions shall include the new caption. Parties opposing a motion may submit a counter-proposed order as an exhibit with the Additional Document Information description of “Proposed Counter-Order.”

§ 5. Proposed judgments in special proceedings.  All petitioners in special proceedings shall submit with their papers a proposed order-judgment for the Court’s consideration, which in NYSCEF shall be filed separately as an exhibit which has an additional description of “Proposed Order-Judgment.” Parties opposing a petition in a special proceeding may submit a counter-proposed order-judgment as an exhibit which has an additional description of “Proposed Counter Order-Judgment.”

§ 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 or notice of petition are expected to be filed timely in accordance with the CPLR.  Untimely papers shall be accompanied by an explanation as to why they are late.  Untimely papers may be rejected by the Court, and their acceptance shall be at the Court’s discretion.  Untimely reply papers are presumptively not to be considered, their untimeliness shall be disclosed during oral argument, and their acceptance shall be at the Court’s discretion.

§ 8. Responsive papers to order to show cause.  Unless otherwise directed by the Court, 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 of law.  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.”

§ 10. Case law cited.  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 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.  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.

§ 11. Case law citation conventions.  A New York decision published in the official reporters shall contain the proper citation, i.e., NY3d, NY2d, NY, AD3d, AD2d, AD, Misc 3d, Misc 2d, or Misc.  A New York decision not published in the official reporters but abstracted in the Misc. series shall be cited in the following manner: ___ Misc 3d ____(A), ____ NY Slip Op _____(U).  A New York decision not published in the official reporters and also not abstracted in the Misc. series shall be cited in the following manner: ____ NY Slip Op _____(U).  A New York decision not appearing in any of the foregoing formats shall be cited appropriately, with a copy appended.  Do not include National Reporter System (e.g., ___ NYS 3d ___) or online legal database citations for New York case law if the decision is published in the official reporters or on the New York State Law Reporting Bureau’s website at https://nycourts.gov/reporter/index.shtml.  Decisions from other states’ courts or the federal courts shall be cited using the National Reporter System citation or, if not published there, to a reputable legal database, with a copy appended.  IAS Part 2 prefers that citation conform to the New York State Law Reporting Bureau’s Style Manual (“Tanbook”), available at https://nycourts.gov/reporter/style-manual/2022/2022-SM.htm.

§ 12. 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 affidavits/affirmations 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.

§ 13. 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.

§ 14. Case history.  Each motion shall contain a relevant case history. The history shall clearly indicate those original parties who either have been dismissed or against whom the action was discontinued and under what circumstances.

§ 15. Artificial intelligence (AI) programs.  All submissions with respect to a motion must include a certification by an attorney either that no generative artificial intelligence program was used in the drafting of any affidavit, affirmation, or memorandum of law contained within the submission, or that a generative artificial intelligence program was used but all generated text, including citations, quotations, and legal analysis, was reviewed for accuracy and approved by an attorney (or the self-represented party).  If the certification states a generative artificial intelligence program was used, the program must be identified and the documents which include matter generated by the program must be specified along with which parts of the documents were drafted by the program.  One certification pertaining to a party’s submission comprised of several such documents shall suffice.

§ 16. Signatures.  Electronically filed papers containing factual averments of persons other than attorneys which are submitted on motions shall bear signatures affixed by hand or shall be so filed along with NYSCEF Form EF-9 modified for use by a non-attorney.

§ 17. Exhibits.  When filing exhibits to e-filed motion papers, the filer shall use NYSCEF’s Exhibit Number/Letter function to specify the exhibit’s letter or number, and shall use the Additional Document Information function to include a short description of the exhibit.

§ 18. 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.  NYSCEF Form EF-21 must also be filed in order for the Court to consider a video.

§ 19. 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 (see Brick&Mortar LLC v Momo Sushi Inc., 79 Misc 3d 1239[A], 2023 NY Slip Op 50838[U] [Sup Ct, Kings County 2023]).

§ 20. References to contemporaneously filed documents.  References in attorney affirmations and memoranda of law to other documents, such as supporting affidavits, medical records, deposition transcripts, etc., shall be to specific pages/paragraphs in specified NYSCEF Document Numbers (or name of document in paper-filed motion).

§ 21. 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. 

§ 22. Article 75 proceedings.  Petitioners in Article 75 proceedings to vacate arbitration awards must explain in their papers the specific reasons why the respective arbitration award was assertedly erroneous; 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.

§ 23. Consolidation or joint trial. A party seeking consolidation or joinder for trial and discovery is encouraged to seek agreement for such from the other parties and to submit the request in the form of a stipulation to be So Ordered.  However, if agreement cannot be obtained, motion papers should clearly delineate whether the motion is for consolidation (in which case a new proposed caption shall be included) or for a joint trial and discovery.

§ 24. 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 post-note 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]).

§ 25. Reargument or renewal.  All motions for reargument or renewal shall include the following from the motion concerning which reargument or renewal is sought:

1. transcript of any previously held oral argument and any decision rendered from the bench,
2. any written decision,
3. order and/or judgment, and
4. complete set of the papers originally submitted by all parties.  (See Brick&Mortar LLC v Momo Sushi Inc., 79 Misc 3d 1239[A], 2023 NY Slip Op 50838[U] [Sup Ct, Kings County 2023].)

§ 26. 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.

§ 27. 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, if there are self-represented parties, or if counsel is seeking to be relieved from representing a party, 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 (c) to known email addresses, regardless of said papers having been served already otherwise (e.g., a filing in NYSCEF).

§ 28. 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 & Post-Order Matters

§ 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 IAS Part 2 will administratively adjourn a motion 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, the motion is complex and additional time is needed for oral argument on a separate complex motion calendar, or if the motion is more properly addressed in another part (e.g., PC/Intake, Compliance Conference Part, Final Conference 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).

§ 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 (c) 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.

§ 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.

§ 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, as well as filed on 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, usually a Thursday.

§ 6. Personal appearances.  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 to the right of the caption in the notice of motion.

§ 7. 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 any conflict so that they can be accommodated, e.g., oral argument may take place out of turn or after Second Call.  If an attorney who has answered “Ready” must leave the courtroom 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 provide the Part Clerk with their cell phone number and the location of the other appearance (other Part or judge’s name).

§ 8. 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.  In the event Second Call is dispensed with due to the number of motions being too numerous, no one will be noted as not appearing prior to 10:15 a.m.  Due to the many motions being considered, oral arguments may last into the afternoon, perhaps as late as 3:00 p.m.  Attorneys should take this into account in planning their appearances.

§ 9. Procedure for calling motions.  Sometimes motions are called out of order.  When you hear a motion you are appearing on called, indicate your readiness by announcing whom you represent (e.g., “Plaintiff,” “Defendant ABC Construction,” or “Third-Party Defendant 345 Main Street LLC), but do not announce your name or your firm’s name unless requested by the Court.  When the judge calls you up for oral argument, plaintiff’s counsel shall go to the table closest to the jury box. Defendants’ counsel and anyone else shall be at the other table.  When you place your appearance on the record from the counsel table, state your name, whom you represent, the firm of record’s name and address, and whether you are with the firm or of counsel.

§ 10. On the record; business card / appearance form. All argued motions shall be on the record.  All counsel and self-represented parties must be prepared to submit two business cards or information forms – one for the Court and one for the court reporter – for each case.  On a business card, the name of the party and their status (e.g., “Plaintiff,” “Defendant ABC Construction,” or “Third-Party Defendant 345 Main Street LLC), should be written.  When an appearance form is submitted instead of a business card, it shall be in the following form:

APPEARANCE FORM-IAS PART 2-HON AARON D. MASLOW
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: _________________________________________________

Since the Court will not permit counsel to complete an appearance form at the counsel table, it behooves counsel to have it completed prior to leaving for the courthouse.  A Word version of the appearance form may be obtained from the Part Clerk; it can be individualized by attorneys appearing frequently so that information identical for each appearance is preprinted.

 § 11. 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 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.

§ 12. Familiarity; access to motion papers.  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.  If appearing counsel, such as a pier diem attorney, is not familiar with the motion, the Court may adjourn the motion and impose sanctions and award attorney’s fees to the adversary.  Be prepared to explain why you oppose the salient arguments of an adverse party.  Please be prepared to refer to specific assertions or pages in submitted exhibits in all parties’ papers; to facilitate this, counsel shall bring to oral argument hardcopies or portable electronic devices containing the papers.  If the Court refers counsel to an e-filed document, counsel shall be prepared to locate it using their hardcopy or portable electronic device.

§ 13. 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.

§ 14. 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.

§ 15. 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. 

§ 16. Decisions from the bench; short-form orders.  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).  Counsel are responsible for accurately listing NYSCEF Document Numbers on short-form orders. IAS Part 2 short-form orders have spaces to identify the movant and the outcome of the motion.  The reasoning need not be set forth where the Court issues a decision on the record from the bench.  Settled or submitted short-form orders shall be handed to the court officer, who in turn will transmit it to the Court’s staff.  Such 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.  Counsel should check NYSCEF or the County Clerk’s website to obtain copies of signed orders.

§ 17. 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):

• Consolidation Order (the actions are to be consolidated under the oldest index number): https://www.nycourts.gov/legacyPDFS/courts/2jd/kings/civil/General%20Forms/Consolidation-Order.pdf
• Joint Trial Order: https://www.nycourts.gov/legacyPDFS/courts/2jd/kings/civil/General%20Forms/Joint-Trial-Order.pdf
• Venue Change Order: https://www.nycourts.gov/legacyPDFS/courts/2jd/kings/civil/General%20Forms/Order-Changing-Venue.pdf
• Default Judgment Order: https://www.nycourts.gov/legacyPDFS/courts/2jd/kings/civil/General%20Forms/Default-Judgement-Order.pdf

§ 18. Settle or submit long-form orders.  In the event the Court directs parties or a party to settle or submit a long-form order, besides filing it with NYSCEF, a version in Microsoft Word shall be emailed to the law clerks.

§ 19. 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.

§ 20. Notifying County Clerk of order. If an order directs the County Clerk to make an entry on the docket, the parties shall file NYSCEF Form EF-22.

§ 21. Notifying County Clerk of change in parties.  Notice of amendment of a caption must be given to the County Clerk by filing NYSCEF Form EF-23.

Subpart D. Adjournments

§ 1. Standards and procedures for seeking adjournments.  All adjournments are at the discretion of the Court.  A request for an adjournment shall be made through a stipulation or, if consent is not received from other counsel, through an application.  Stipulations of adjournment and applications for adjournment shall be submitted through NYSCEF, with a copy sent by email to the Part Clerk and the law clerks.  In a paper-filed case, stipulations of adjournment and applications for adjournment shall be filed with the Court at Motion Support, Room 227, at 360 Adams Street (with a copy served upon all other counsel or self-represented parties), and a copy shall be emailed to the Part Clerk and the law clerks.  The deadline for filing such stipulations of adjournments and applications for adjournments shall be 5:00 p.m. of the third court business day prior to the scheduled motion date.  (See Shmerelzon v Gravesend Mgt., Inc., 80 Misc 3d 1233[A], 2023 NY Slip Op 51155[U)] [Sup Ct, Kings County 2023].)

§ 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 when the motion is called.  Since adjournment is at the Court’s discretion, counsel shall be prepared to orally argue the motion if the adjournment application is denied.

§ 3. Contents of applications for adjournments and stipulations of adjournment. Applications for adjournments and stipulations of adjournment must include all of the following:

1. complete caption (including any third-party actions),
2. Motion Sequence Number(s) and relief sought,
3. motion calendar date,
4. identify party seeking the adjournment and said party’s good-cause reason therefor,
5. details of any prior adjournments of the motion, and
6. details of future motion calendar dates with Motion Sequence No. and relief sought for other sequenced motions in the case.

Adjournments will be to the next available date convenient to the Court.  Therefore, any reference to a date in a stipulation or adjournment application has no binding effect.

§ 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 per the rules for contacting the Court set forth herein, if counsel has not yet received a response or seen one on NYSCEF.

PART III. TRIALS

§ 1. Initial pre-trial conference.  Once a trial is scheduled, the Court will conduct a conference with counsel during which the following will be covered:

1. Plaintiff’s date of birth (for tort cases),
2. Date of accident (for tort cases),
3. Details of accident or other tort (for tort cases),
4. Serious injury categories (for motor vehicle accident cases),
5. Liability or damage trial (for tort cases),
6. Pain and suffering only or special damages also (for tort cases),
7. Insurer (for tort cases),
8. Policy limit (for tort cases),
9. Demand and/or offer,
10. Need for interpreter,
11. Witnesses to be called,
12. Provision of marked pleadings,
13. Provision of bill of particulars,
14. Provision of deposition transcripts,
15. Proposed interrogatory verdict sheets,
16. Proposed PJI charges (2024 PJI numbers must be used),
17. Medical records issues (for tort cases),
18. Other evidentiary issues and motions in limine,
19. Trial schedule, and
20. Technology during trial.

All parties’ counsel are required to attend the conference. All counsel must be aware of the schedules of their respective witnesses.  When applicable, counsel must either bring or have ready access to any insurance adjuster.  Counsel are encouraged to provide the court with cases determining damages.

§ 2. In limine motions. Any potential evidentiary question shall be brought to the Court’s attention and addressed prior to trial by way of a written motion in limine.  If a motion in limine has not yet been made, the Court will set a schedule regarding same.  A written memorandum of law is required but need not be lengthy.  Citations shall be in the format specified hereinabove with respect to motions.

§ 3. Plaintiff requirements.  If not previously provided and unless otherwise directed by the Court, the plaintiff must provide the Court with marked pleadings and a bill of particulars, the deadline for same being determined by the Court.

§ 4. All parties’ requirements.  If not previously provided, all parties must provide copies of the following to the Court, the deadline for same being determined by the Court:

1. 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.
2. A list of potential witnesses in the order expected to be called – 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.
3. Any proposed pre-trial PJI charges along with any specific information if called for in the charge.
4. Any anticipated PJI post-trial charges and a proposed interrogatory verdict sheet in both printed form and as an electronic Microsoft Word document.  Citations to the 2024 PJI number shall be provided in addition to the text.  If any proposed post-trial charges need to be modified to reflect the specific contentions of the parties, the Court shall be provided with the proposed language.
5. A binder of pre-marked exhibits intended to be offered into evidence.  It 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 commencement of the trial, the Part Clerk or court reporter shall pre-mark a set of the exhibits included 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 Records Room.

§ 7. Final pre-trial conference.  A final pre-trial conference will take place prior to trial.  If settlement discussions are unsuccessful or the Court deems settlement unlikely, the matter will proceed to trial.

§ 8. Business card / appearance form.  Business cards or an equivalent appearance form 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, e.g., “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, 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.  Counsel are advised to 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 if requested by the Court.  A post-trial memorandum of law, with specific proposed finding of fact, shall be submitted.

§ 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 .

PART IV. INFANT’S, INCOMPETENT’S AND 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.  A copy of an infant compromise checklist may be obtained by email from chambers.  When a submission is complete, you must first mail a hardcopy set of your papers to chambers and, afterwards, email the law clerks to notify chambers that the hardcopy set was mailed.  Any filing on NYSCEF of papers in an infant’s compromise shall be appropriately redacted but the mailed hardcopy set shall not be.  The cover letter to the hardcopy set and the email notification shall include the name and telephone number of the person at your firm who is responsible for the file who may be contacted by chambers.  The subject matter line of an email pertaining to a compromise shall be as follows: “Unscheduled; infant comp; 501234-2024; J.B. v Bob’s Limo”

§ 2. Scheduling. Hearings will be scheduled by the court.  Any adjournments must be obtained through chambers.  The infant for whom approval of a compromise is sought is expected to be brought to the hearing.

§ 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.

PART V. HELP FOR SELF-REPRESENTED LITIGANTS

§ 1. Contact Information.  Self-represented litigants may contact the Kings County Supreme Court Help Center (hours of operation: 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 [email protected].

§ 2. Resources.  The following resources are online:

• NY Courts Help Website: https://nycourts.gov/courthelp//
• NY Courts DIY Forms: https://nycourts.gov/CourtHelp/DIY/index.shtml
• NY Courts Help with Legal Research: https://askalawlibrarian.nycourts.gov/
• NY Courts Help Finding an Attorney: https://www.lawhelpny.org/find-legal-help

PART VI. 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 from chambers./p>

§ 2. 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.

§ 3. 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.

§ 4. Interpreters.  Requests for interpreters must be made at least one week prior to the respective court appearance.

§ 5. Kings County Supreme Court Uniform Civil Term Rules.  The Kings County Supreme Court Uniform Civil Term Rules can be located online at 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 .

§ 6. Status Conferences.  If the Court schedules your case for a status conference, an attorney knowledgeable with the case’s details shall attend and be prepared to discuss settlement and the possible option of arbitration.  Toward that end, the attending attorney for a party with insurance coverage shall be prepared to contact the claim examiner handling the respective claim.

§ 7. 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.

§ 8. 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.