Hon. Wavny Toussaint: Part Rules

Part Rules

Supreme Court - Kings County
Civil Term Part 70
360 Adams Street, Room 438
Brooklyn, NY 11201

(347) 401-9236 - Courtroom
(347) 401-9201 - Chambers
(212) 295-4887 - Facsimile

Principal Law Clerk: Raymi Ramseur, Esq. (rramseur@nycourts.gov)
Assistant Law Clerk: Alice Liang (aliang@nycourts.gov)
Part Clerk: Kimberly Wood

Updated August 2022

Civil Term - Part 70


All inquiries as to case or calendar status should, in the first instance, be made to the Motion Support Office at (347) 296-1694 and then to the Part Clerk.  Ex-Parte communication with Chambers by phone or otherwise is not permitted.


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


  1. All motions require appearances and oral arguments.  There are NO exceptions.
  2. Part 70 motions are heard on Wednesdays, via Microsoft Teams, commencing at 10:00 AM.  Motions that have not been previously adjourned or appropriately answered on the call, may be marked off, or a default may be entered, as appropriate. Counsels are advised that if no one appears to argue the motion when it is called to be heard, a default may be taken against the non- appearing party, or the motion may be denied.
  3. Working copies of motions are not required at this time.  
  4. Motion papers, answering affidavits and reply affidavits must be served on adversaries as per CPLR 2214.
  5. Motions may be adjourned twice upon consent of the parties or upon application to the Court. No adjournments will be granted via telephone.  A confirmation, in stipulation form, is to be faxed to chambers at 212-295-4887, or emailed to the Judge’s law clerks at  rramseur@nycourts.gov and aliang@nycourts.gov.  Any further adjournments must be made upon application to the Court for good cause.
  6. Summary judgment motions must be made within sixty (60) days of the filing of the Note of Issue. 
  7. Proposed orders to show cause must be brought to the Ex Parte Motion Support Office prior to submission to the part. Fees as required by law must be paid to the County Clerk prior to submission.


  1. Marked Pleadings. Prior to trial, counsel shall furnish to the Court marked pleadings pursuant to CPLR Section 4012.
  2. Exhibits. Counsel shall pre-mark all exhibits in the order which they intend to introduce them at trial. A list of the exhibits shall be provided to the Court prior to trial. Plaintiffs will number their exhibits and defendants will letter their exhibits. 
  3. Witnesses. Prior to trial, Counsel shall provide to the court a list of potential witnesses in the order in which they intend to call them at trial, including expert witnesses, their expertise, including a summary of expected trial testimony, and any interpreters needed. 
  4. Motions in Limine. Any potential evidentiary question, procedural or substantive law matter not previously adjudicated shall be brought to the Court's attention and addressed prior to trial by way of a written or oral motion in limine. A written memorandum of law (no more than two pages) with citations to the Official Reports is strongly encouraged; 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.  
  5. Depositions. Copies of transcripts of depositions intended to be used at trial should be furnished to the Court at the commencement of the trial.
  6. Proposed Jury Charges and Verdict Sheets. All proposed jury charges and proposed verdict sheets shall be submitted to the Court in typed form no later than the close of plaintiff's case.

Infant Compromise Hearings

All hearings are scheduled by the Court.  Prior to scheduling, the Court must receive the proposed order, copies of all relevant medical records, doctor(s) affirmations and a NYC Department of Human Resources  Lien/No Lien Letter.