Hon. Carolyn E. Wade: Part 84 Rules

Principal Law Clerk: Turquoise Haskin, Esq. (thaskin@nycourts.gov)

Assistant Law Clerk: Mohammad Hassan (mhassan@nycourts.gov)

Part Clerk: Jay Goldstein (jgoldste@nycourts.gov)

360 Adams Street
Brooklyn, New York 11201
Courtroom: 423

Courtroom Telephone No.: 347-296-1578
Chambers Telephone No.: 347-401-9372
Chambers Facsimile No.: 212-618-5097

 

CIVIL TERM - PART 84

**IN CONSIDERATION OF THE COVID-19 PANDEMIC, THE FOLLOWING RULES SHALL TAKE EFFECT UNTIL FURTHER NOTICE:

ALL CONFERENCES AND MOTIONS SHALL BE CONDUCTED VIRTUALLY BY MICROSOFT TEAMS OR TELECONFERENCE UNLESS OTHERWISE INDICATED.

NOTICE SHOULD BE GIVEN TO BOTH LAW CLERKS WHEN PARTIES FILE CORRESPONDENCE, LETTERS, AND STIPULATIONS ON NYCEF. 

MOTION ORAL ARGUMENTS/CONFERENCES

Effective January 18, 2022, the Part Clerk, Mr. Jay Goldstein (jgoldste@nycourts.gov), will schedule motions for oral argument via Microsoft Teams every day of the week.  The parties are expected to be ready for oral argument on the date and time that the motion is scheduled to be heard.  The parties should also advise the Part Clerk by e-mail if the motion is being withdrawn or has been resolved within that time frame.  All inquiries relating to motion scheduling should be directed to the Part Clerk at 347-296-1612, not chambers.

All motions are to be submitted with proposed orders.  The Court’s signature line must not appear on a page with no writing.

Except for those motions with briefing schedules, all motion papers, opposition papers, and reply papers shall be served on adversaries as per CPLR 2214. Summary judgment motions must be made within sixty (60) days of the filing of the note of issue.

Any inquiries pertaining to discovery matters should be directed to the Centralized Compliance Part (CCP) at 347-296-1626.
 
ORDERS TO SHOW CAUSE:

All orders to show cause must be filed with Part 72 (ex parte office: 347-296-1721). Unless otherwise instructed, the Court will hear orders to show cause on Wednesdays by Microsoft Teams, or teleconference at 347-401-9372 or 347-401-9393.
 
 
ADJOURNMENTS

All stipulations to adjourn must be e-mailed to the Part Clerk at Jay Goldstein (jgoldste@nycourts.gov) no later than two days before the return date.  If the parties do not unanimously agree to an adjournment, a brief e-mail can be sent to both Law Clerks at thaskin@nycourts.gov and mhassan@nycourts.gov. The parties are encouraged to resolve adjournment matters among themselves.
 
DEFAULTS 

Pursuant to Uniform Rule  202.27, the Court has the discretion in addressing a calendar default.  An action may be dismissed or judgment entered for the failure of a party to appear for oral argument, conference and/or hearing.  A motion can also be marked off if the movant fails to appear for oral argument on the return date.

Similarly, a motion, if appropriately supported, may be granted upon the failure of the non-moving party to appear/oppose.  The movant shall e-mail a proposed order to both law clerks at thaskin@nycourts.gov and mhassan@nycourts.gov.
 
TRIALS

  1. All parties must be present in court by 9:30 A.M. unless otherwise scheduled with the Court.
  2. Bill of Particulars/Marked Pleadings. Prior to trial, counsel shall furnish to the Court the bill of particulars and the marked pleadings pursuant to CPLR 4012. 
  3. Exhibits. 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.  It is the responsibility of the attorneys to ensure that subpoenaed records have arrived in the Subpoenaed Record Room. 
  4. 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, and summary of expected trial testimony.
  5. Motions in Limine. Any potential evidentiary question or 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, the length of which shall not exceed three pages, with citations to the Official Reports is required.  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.
  6. Depositions. A copy of depositions intended to be used at trial should be furnished to the Court at the commencement of the trial.  If any part of a deposition is to be read into evidence (as distinguished from mere use on cross-examination) you must, well in advance, provide the Court and your adversary with the page and line number of all such testimony so that all objections can be addressed prior to use before the jury.
  7. Trial Objections and Arguments: If a lawyer wishes to make an objection, it can be accomplished by standing and saying the word, “objection,” and by adding thereto up to three more words so as to state the generic grounds for the objection, such as “hearsay,” “bolstering,” “leading,” or “asked and answered.”  If you believe further argument is required, ask permission to approach the bench.  This request will almost always be granted.  Keep in mind that you will always be given the opportunity to make a full record.
  8. Courtroom Comments and Demeanor: All remarks should be directed to the Court.  Comments should not be made to opposing counsel.  Personal remarks, including name-calling and insults, to or about opposing counsel will not be tolerated.  Remember do not try to talk over each other; only one person speaks at a time or the record of the proceeding will be incomprehensible.  Simple requests (e.g., a request for a document or an exhibit, or a read-back), should be made in a professional manner that does not disrupt the proceeding or your adversary. In addition, no grandstanding in the presence of the jury, i.e., making demands, offers, or statements that should properly be made outside the presence of the jury.
  9. Proposed Jury Charges and Verdict Sheets. All proposed jury charges and proposed verdict sheets shall be submitted to the Court and the opposing counsel in typed form no later than the close of plaintiff's case.  Additionally, proposed jury charges and the proposed verdict sheet shall be emailed to the Court  thaskin@nycourts.gov and mhassan@nycourts.gov in editable text format such as MS Word (.doc) format.
  10. Interpreters.  Attorneys are responsible for informing the court in advance of the trial their request for interpreters, if needed.

 INFANT COMPROMISE & DEATH COMPROMISE ORDERS

  1. Petitions for compromise orders must be filed through Motion Support or through Special Term Part 72. 
  2. Virtual hearings via Microsoft Teams will be scheduled by the Court Clerk.  Any adjournments must be obtained through the Part Clerk (jgoldste@nycourts.gov)
  3. Infant Compromise petitions must comply with CPLR § 1208.  If any portion of the settlement is structured, the cost of the annuity must be stated in the order.  The attorney’s affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances or defaults in appearances. A current medical report, physician affirmation, and affirmation of no liens are required with the submissions. 
  4. Death Compromise petitions must comply with the provisions of EPTL § 5-4.6 and include an affirmation of no liens or, where liens are asserted, documentation of such liens.  The Order must include a directive for payment of liens. 
  5. If a Compromise Order was signed as to a previously settling defendant, such order must be attached as an exhibit and the partial settlement so stated in the attorney affirmation in support of the final Compromise Order. 
  6. Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers. 
  7. All paragraphs must be numbered and exhibits must be separated by tabs.
  8. The Court’s signature line must not appear on a page with no writing.

 
STIPULATIONS OF DISCONTINUANCE

Stipulations of Discontinuance involving an infant or a death case shall be submitted as noted above and shall include a brief attorney affirmation in support of the request for the stipulation to be so ordered.

MISCELLANEOUS
 
The Kings County Supreme Court Uniform Civil Term Rules can be located at: http://www.nycourts.gov/kingscivil/KingsCivilSupremeRules.shtml.
 
INQUIRIES

All inquiries as to case or calendar status should, in the first instance, be made to the MOTION SUPPORT OFFICE, Room 227, Telephone (347) 296-1694 or the Part Clerk, Mr. Jay Goldstein at 347-296-1612 (jgoldste@nycourts.gov). Chambers staff is not permitted to provide guidance or advice to attorneys or litigants.
 
No email correspondence between attorneys shall be sent to chambers, other than stipulations signed by all parties.  If the parties agree to a conference with the Court in lieu of further motion practice, the parties may contact both law clerks by conference call to schedule a meeting.
 
NO EX-PARTE COMMUNICATIONS WILL BE ENTERTAINED.

 

 

back to top