Hon. Wayne P. Saitta: Part Rules

Civil Term-Part 29
360 Adams Street
Brooklyn, NY 11201

Courtroom: Room 724
Court Clerk: 347-296-1582
Chambers: 347-296-1492
Fax: 212-720-9314


NOTICE:
Until the Courthouse is reopened to attorneys there will not be a call of the general calendar. All motions on the general calendar will be adjourned administratively. Attorneys may adjourn a motion to a specific Wednesday (other than the last Wednesday of a month) by sending a stipulation by email to
Alexis Riley’s email (ariley@nycourts.gov).

Once all papers have been submitted on a motion, attorneys who want to move a motion to the oral argument calendar should email Alexis Riley’s email (ariley@nycourts.govwith the subject oral argument to arrange a date for a virtual oral argument.

General Motion Calendar:

  • The general motion calendar is heard every Wednesday of the month except the last Wednesday of the month.
  • First call is at 9:30 a.m. Second call is at 10:45 a.m.
  • Defaults may be entered on second call.
  • If you must leave to another part, inform the court clerk of your whereabouts prior to leaving the courtroom.
  • Working copies submitted that are printed on both sides of the page should be bound on the side.
  • Voluminous papers should be bound in volumes that are no more than 2 inches high.
  • Exhibit tabs are required on all papers filed with the Court.
  • Summary judgment motions must be made within sixty days (60) of the filing of the note of issue.
  • Cross motions must be filed with Motion Support, courtesy copies filed with the court clerk, room 724, one week prior to the return date.
  • Motions on the general motion calendar may be adjourned on consent of the parties (to any Part 29 motion date).
  • Adjournments may be made by written stipulation prior to the motion date or at the general motion calendar call.
  • Motions on the general motion calendar may be adjourned, settled or withdrawn.
  • Motions on the general motion calendar may not be submitted.
  • If one or more parties is ready to proceed on a motion on the general motion calendar, an application may be made to put it on the Oral Argument calendar on the next available date. No oral argument will be heard on the day of the application to place a motion on the oral argument calendar.

Oral Argument Calendar:

  • The oral argument calendar is heard every Thursday.
  • First call is at 10:00. Second call is at 10:45.
  • Defaults may be entered on second call.
  • Parties who have answered “ready” should remain in the courtroom. If you must leave to another part, inform the court clerk of your whereabouts prior to leaving the courtroom.
  • Motions on the oral argument calendar are those motions that have been adjourned from the general motion calendar, Orders to Show Cause, and cross-motions to motions that have been placed on the oral argument calendar.
  • Cross motions must be filed with Motion Support, courtesy copies filed with the court clerk, room 724, one week prior to the return date.
  • Courtesy copies of responsive papers, and of cross-motions, must be filed with the court clerk, room 724, at least one week prior to the return date. Papers handed upon the date of the calendar call may not be considered.
  • Adjournments for motions on the oral argument calendar are on application to the Court, even if the parties consent, and will only be granted for good cause shown.


Trials:

All parties must be present in court by 10:00 a.m. unless otherwise scheduled by the Court. Prior to trial, counsel must submit to the Court marked pleadings and the bill of particulars. In addition, counsel must provide to the Court copies of any deposition testimony that will be offered into evidence. All exhibits must be pre-marked by the clerk before trial begins.

Infant Compromise:

Hearings will be scheduled by the Court. Any adjournments must be obtained through chambers.

 

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