Hon. Lorna J. McAllister: Part 10 Rules

Part 10 Rules

Chambers: 360 Adams Street, Room 376 (3rd Floor)

Chambers Phone Number: (347) 296-1555

Courtroom: 362

Courtroom Phone Number: (347) 296-1572

Facsimile: (212) 618-5101

Court Attorney: Adam Schain, Esq.

Court Clerk: Shawnna Robb

 



COMMUNICATIONS/INQUIRIES

All inquiries as to case or calendar status should be made to the E-FILE/MOTION SUPPORT OFFICE, Room 227, Telephone (347) 401-9249. Chambers staff is not permitted to provide guidance or advice to attorneys or litigants.

No correspondence between attorneys shall be sent to chambers, other than stipulations signed by all parties.

EX-PARTE COMMUNICATIONS ARE STRICTLY PROHIBITED.

DEFAULTS

Pursuant to Uniform Rule § 202.27, the Court has discretion in addressing a calendar default. When appropriate, among other possible sanctions, an action may be dismissed, or judgment entered, for the failure of a party to appear, or a motion denied upon the failure of a movant to appear on the return date. Vacatur of the Court’s order requires both a reasonable excuse for the nonappearance and a showing of merit.

Defaults may be entered after 10:45 a.m.

If you must leave to another part, inform the court clerk of your whereabouts prior to leaving the courtroom.

DISCOVERY

All inquiries regarding discovery or discovery motions are to be directed to the Intake Part or the Centralized Compliance Part, as applicable.

ADJOURNMENTS

A stipulation of adjournment should be faxed to Chambers at 212-618-5101 at least three (3) business days prior to the first appearance. The stipulation must be signed by all parties. Stipulations of adjournment must be accompanied by a briefing stip. All answering papers must be submitted at least five (5) business days prior to the return date.
After the first adjournment (other than administrative adjournments which do not count),
consent of the Court is required. The parties should agree to at least a four-week adjournment which must be returnable on a Friday.  The court will reschedule, if necessary, to a later date.

ELECTRONIC FILING

Courtesy copies are required. Please submit a courtesy copy of all papers to the Motion Support Office at least five (5) business days prior to the appearance date. Failure to provide a courtesy copy may result in the matter being adjourned. If a hard copy is not received in the aforementioned manner, the motion may be adjourned to a future date.
Please note that reference to electronically filed papers is not permitted. Where pleadings, prior applications or prior decisions and orders are required to be annexed to the motion, reference to the electronically filed papers alone is insufficient. All necessary documents shall be annexed (see CPLR 2214 (c)).

 

MOTIONS

Motions shall be heard on designated Fridays, not every Friday. The first call of the calendar is at 10:00 A.M. The second call is at 10:45 A.M.

All motions require appearances and oral arguments unless the Court has been notified in advance that the matter has been settled, discontinued, dismissed or otherwise disposed of. Attorneys appearing before the Court must have knowledge of the pending motion and underlying case. Failure by movant to appear by second call may result in denial of motion for failure to appear. If the non-moving party fails to appear by second call, the Court may grant the requested relief.

Motion papers, answering affidavits and reply affidavits must be served on adversaries pursuant to the CPLR. Unless authorized by the Court, sur-replys shall not be accepted.

Courtesy copies for the Court’s review shall be submitted to the Motion Part Office no later than five (5) business days prior to the return date of the motion.

Courtesy copies of all E-filed motion papers shall have the NYSCEF Confirmation Notice attached together with supporting papers and exhibits.

When submitting proposed orders or judgments in connection with a motion, the same shall be submitted as a separately bound document. Proposed orders or judgments incorporated within motion papers will be considered exhibits, treated as such, and may be disregarded.

Counsel must advise the Court in writing and as soon as practicable if any submitted motions have been resolved, withdrawn, or if the motion is moot because the case has been settled.

TRIALS

Counsel are required to be present in Court by 9:45 a.m. on the date of trial (unless otherwise directed by the Court).

Counsel shall provide the Court with marked pleadings and copies of relevant depositions on the day of trial.

Counsel shall pre-mark all exhibits in the order which they intend to introduce them at trial. A list of the exhibits shall also be provided to the Court prior to trial. Plaintiffs will number their exhibits and defendants will letter their exhibits. On the day of trial, the exhibits and the list will be given to the Part Clerk who will officially mark them before trial.

Prior to trial, Counsel shall provide to the court a list of potential witnesses in order in which they intend to call them at trial, including expert witnesses, their expertise, and summary of expected trial testimony.

Prior to trial, attorneys shall inform the Court of any scheduling conflicts and whether an interpreter shall be needed. 

It is the responsibility of the attorneys to ensure that subpoenaed records have arrived in the Subpoenaed Record Room. 

All proposed jury charges and proposed verdict sheets shall be submitted to the Court in typed form at the commencement of the trial. Additionally, proposed jury charges and the proposed verdict sheet shall be emailed to the Court in editable text format such as MS Word (.doc) format. If any proposed charges need to be modified to reflect the specific contentions of the parties, please provide the court with the proposed language.

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.

Summary Jury Trials - You can download these rules at the court’s following website: https://www.nycourts.gov/COURTS/2jd/KINGS/Civil/summaryjurytrialrules.shtml

INFANT COMPROMISES

Infant Compromise petitions must comply with CPLR 1208 and 22 NYCRR 202.67.  After the petition is reviewed in chambers, a hearing will be scheduled by the Court upon a finding that the proposed order and all relevant documents are satisfactory. If necessary, chambers will notify the petitioner in order to request revisions and/or missing documents. All submissions must be indexed with protruding labeled exhibit tabs. Working copies are required for e-filed petitions.
Pursuant to 22 NYCRR 202.5(e)(2), the Court requires that the infant-petitioner’s full name and date of birth appear in the order.  The Court’s signature line must not appear on a page with no writing.

INQUESTS

At the time of the inquest, plaintiff shall provide the Court with a copy of marked pleadings and a copy of the default judgment.
Certified medical records or testimony of a physician is required to prove damages.

MISCELLANEOUS

The Kings County Supreme Court Unified Civil Term Rules can be located at:
http://ww2.nycourts.gov/courts/2jd/kings/civil/KingsCivilSupremeRules.shtml

Effective: January 21, 2020

 

 

 

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