Hon. Debra Silber: Part Rules

Supreme Court - Kings County
Civil Term - IAS Part 9 and 5K - Matrimonial
360 Adams Street
Brooklyn, NY 11201
Court Room: 524
Chambers: 347-296-1043
Courtroom Clerk: 347-296-1102
Fax: 718-643-3755
Law Clerk: Tyler D. Evans, Esq. (tdevans@nycourts.gov)


Until further notice, while the court cannot conduct in-person oral arguments due to the COVID-19 Pandemic, all motions may be submitted without argument if on consent of all parties.  Oral argument can be conducted using Microsoft Teams, with a court reporter, if requested.  No courtesy copies are required for e-filed cases.

Motion Calendar:

    - Motions are heard on designated Thursdays, not every Thursday.  Oral argument is required on all motions except motions solely concerning the “serious injury” threshold in Insurance Law § 5102 (d), which may be submitted without oral argument if all parties consent either by written stipulation or orally in court to waive oral argument.  Appearances must be made by attorneys with knowledge of the case and the motion to be argued.
    - First call is at 9:45 a.m.  Second call is at 11:00 a.m.
    - Defaults will not be entered before second call.  Motions will be marked “off calendar” if the movant fails to appear at the second call, even if he or she appeared at first call.
    - Motions may be adjourned twice on consent pursuant to a stipulation signed by all parties, or their attorneys if represented, and delivered to chambers, either in person or by fax, or, if the case is an e-filed case, by e-filing the stipulation.  If the date in the stipulation is not available, the court will adjourn the motion to the court’s next available motion date.  After two adjournments, not including adjournments by the court, applications must be sought in person at the calendar call on the adjourned date of the motion.
    - Applications for adjournments not consented to at the calendar call will be heard after the calendar call.  Parties must be ready to proceed in the event the application is denied. 
    - All papers are to be filed in accordance with the CPLR, the Uniform Rules for Trial Courts, and the Kings County Supreme Court Uniform Civil Term Rules.
    - Exhibit tabs and legal backs are required on all papers filed with the Court.  Affirmations, affidavits, and legal memoranda must be double-spaced.
    - Summary judgment motions must be made (served) within sixty days (60) of the date of filing of the Note of Issue.

    - Parties who have answered “ready” should remain in the courtroom.  If
your case is called and you are not present, a default may be taken.
    - If you must leave to go to another part, inform the court clerk of your
destination prior to leaving the courtroom.

Orders to Show Cause:

    - Proposed orders to show cause must be brought to the Ex Parte Motion
Support Office for review prior to submission to the part.  Required fees
must be paid to the County Clerk prior to submission.  In e-filed cases, the signed order to show cause will be e-filed by the court after it is signed.

E-filed cases:

    - “Working copies” of motion papers and petitions in special proceedings are not required.
    - Reply papers, if any, must be e-filed at least 24 hours prior to the return date and be contemporaneously emailed to Tyler Evans, the Justice’s law clerk, at tdevans@nycourts.gov.

Trials:

    - All parties must be present in court by 9:45 a.m. unless otherwise scheduled with the Court.  Prior to trial, counsel must submit marked pleadings and the Bill of Particulars. In addition, counsel must also provide the court with copies of any deposition transcripts and expert witness notices with his/her report which are expected to be used during the trial. It is the responsibility of the attorneys to ensure that subpoenaed records have arrived in the Subpoenaed Records Room.

Infant Compromises:

    - Hearings will be scheduled by the court, generally for 3:00 p.m. on a Thursday.  Any adjournments must be obtained through chambers.  If the case is e-filed, an unredacted copy of the papers must be mailed or emailed to Tyler Evans, the Justice’s law clerk.  The infant’s un-redacted name must be in the caption of the proposed order.

Amended September 17, 2020