Where a party is not represented by an attorney they should consider involving the court from the very beginning. MOTIONS TO EXTEND TIME WITHIN WHICH TO MOVE FOR SUMMARY JUDGMENT: Responses to in-limine applications, also in letter form of no more than two (2) pages, shall be served at least five (5) days prior to the pre-trial conference. If the case already has a date scheduled in the future, the motion may be made returnable on that previously assigned date even if it is not a regularly scheduled motion date. Effective August 16, 2021, failure to submit an order memorializing an FCP conference that was held with a Referee, the case shall be dismissed if three (3) weeks have elapsed and the court is not in receipt of the requested order. Appearances and oral argument is required on all motions. Referees will notify the referring justice of any adjournments. NYS Courts Online Mediator Directory. If papers are rejected the re-submitted proposed judgment/order must include a new notice of settlement. If all parties served with the motion are present, they may enter into a proposed consent order. the argument of a dispositive motion, the Court will determine whether discovery shall proceed pending decision. The VEC exists for the specific case and hearing/trial designated. You must indicate which party you represent or who you are substituting for. They can be reached at: PC/Intake (347) 296-1592; CCP (347) 296-1626; FCP (347) 401-9054. . Restore based on default only in PC or CCP. Approximately six weeks before the NOI date, the court will schedule an appearance in the Final Conference Part (FCP) to ensure discovery is on track. Pre-marked exhibits, pre-trial memoranda, requests to charge, witness lists, and in-limine applications, which are to be made by letter of no more than two (2) pages, duly served upon all parties and the Court at least eight (8) days in advance of the date of the pre-trial conference, shall be provided at the pre-trial conference as required pursuant to Uniform Rules, 202.70(g), Rules 25 to 33. These conferences are co-located in the City and TA Central Compliance Part. Do not file a Notice of Motion or Order to Show Cause unless directed by a Judge. Not all cases will be deemed eligible for mediation. It is the responsibility of the bidder to acquaint him/herself with the property, any encumbrances thereon, and the Terms of Sale before placing a bid and to be certain that adequate funds are available to make good the bid. Telephone number: 347-296-1626 A mediator is not a judge and will not decide issues if parties cannot agree. Nancy T. Sunshine is an attorney registered with Office of Court Administration (OCA), New York State Unified Court System, admitted in 1982. Opens at 9:30 AM You should not file a contested RJI even though you think the case may eventually be contested. The filing requirement for Notes of Issue in Kings County is an original and two copies. E-mails to the Court should only be sent during courthouse business hours NOT after courthouse business hours, on weekends or on holidays. The parties shall discuss and decide how discovery shall be conducted regarding social media and other forms of electronic discovery. All submissions must comply with the requirements, including page limits, detailed in 22 NYCRR 202.16-b. The Supreme Court is the trial court of unlimited original jurisdiction; but it generally hears cases that are outside the jurisdiction of other trial courts of more limited jurisdiction. CITY & TA CENTRAL COMPLIANCE PART RULES Kings County Supreme Court (Brooklyn, NY - 0.4 miles) Brooklyn North Traffic Violations Bureau (Fort Greene, NY - 0.8 miles) Red Hook Community Justice Center (Red Hook, NY - 1.3 miles) Manhattan South Traffic Violations Bureau (New York, NY - 1.8 miles) New York County Criminal Court . You must provide the language and dialect for the requested interpretation services. The filing/purchasing of an RJI will automatically prompt the scheduling of a preliminary conference. Motion papers must be filed with the E-file/Motion Support Office located in Room 227, Ex Parte Office located in Room 295, Foreclosure Part Office located on the 10th Floor, OR in the Guardianship/Mental Hygiene Office located in Room 285 (see Note #2), at 360 Adams Street at least five (5) business days before the return date of the motion. Any agency or representative assisting the homeowner shall provide copies of all documents, including the completed work-out package, to the homeowner, who should bring them to the settlement conference. A court clerk will be present at all court-ordered foreclosure auctions. Brooklyn, NY 11201. These local rules supplement Uniform Rule 202.61 with respect to obtaining Index Numbers for Claims and exchange and Filing of Appraisal Reports in Eminent Domain Proceedings. The time to conclude discovery pursuant to the Chief Judges rules is as follows: Expedited cases 8 months,Standard cases 12 months,Complex cases 15 months. All parties must be present at each in-Court or virtual appearance unless excused by the Court. Trial counsel must appear. The Evaluator will endeavor to facilitate a settlement between the parties. An RJI filed with a Bill of Particulars BP attached shall have priority for scheduling a PC. STIPULATIONS: Where a party is not represented by an attorney, they should consider involving the court from the very beginning. AT THIS TIME NO VIRTUAL CONFERENCES UNTIL FURTHER NOTICE. Discovery & Inspection (D & I): Parties shall bring all D&I and responses served prior to the PC. Forms are available in the courtroom and may be completed when all parties are present. *Defaulting partys discovery shall be deemed waived. Kings County Civil Supreme Court is open Mondays-Fridays, 9am-5pm. The jury panel consists of nineteen (19) persons who are assigned to various committees. You must appear on time. View the current holiday schedule & the term schedule. This rule does NOT apply to Temporary Orders of Protection. Find a lawyer near you. A PC Order will be entered on default of any non-appearing party. If a case has been resolved, please notify the Court by conference call and/or email if there is a signed stipulation of settlement and do not wait until the trial date. All orders to show cause and motions for consolidation must be served on all attorneys who have appeared or been appointed in the Family Court if there is presently an action pending in Family Court. These rules are promulgated by the Chief Judge. The current status is Currently registered. The Courts Calendars will list the specific times for each auction. In New York City, the Court exercises civil jurisdiction and jurisdiction over felony cases (in which a sentence in excess of one year may be imposed). The discovery court ordinarily will order compliance with discovery orders during the pendency of pre-note dispositive motions (CPLR 3211, 3212, etc.) The attorneys will then meet with the Evaluator individually in order to promote more candid and expansive commentary on their respective positions. At the PC Conference, a fixed Note of Issue filing date shall be set. A 90-day notice (CPLR 3216) shall permit a plaintiff to file a Note of Issue within such ninety (90) days without a Court order, File a note of issue, if discovery is complete and the note of issue date has not expired; or, Submit an acceptable proposed consent order; or. Foreclosure cases will be marked off the Foreclosure Conference calendar if: (a) the defendant has failed to appear for two (2) scheduled settlement conferences; (b) the Court has determined that the parties would not benefit from further settlement discussions;or (c) a settlement has been reached and the plaintiff has filed a Stipulation of Discontinuance or Forbearance Agreement with the Foreclosure Settlement Conference Part as well as the Court. Short and concise pre-trial memoranda are preferred, containing a statement of the facts and issues of the case and the relevant principles of law with citations to controlling authority. Chambers telephone: 347-404-9954. It is compliant with the PC order that is monitored in the rest of the centralized discovery parts. New Juvenile Competency Protocol effective July 1, 2021. An RJI filed with a Bill of Particulars BP attached shall have priority for scheduling a PC. PROPOSED ORDERS ARE SUBJECT TO CHANGE AND NOT FINAL UNTIL THE JUDGE SIGNS THE ORDER. Both the stipulation and the motion must include all outstanding discovery (appropriate forms are online or in the courtroom), as well as when and how it is to be accomplished. Find Court Records related to Kings County Supreme Court. Please check the individual part rules for the Judge. Motions that only seek discovery-related relief are scheduled in the City & TA Centralized Compliance Part by the E-file / Motion Support Office, on the date the motion is scheduled to be heard, regardless of judicial assignment. Intake/PC Part Room 923 No calendar call or check-in. If noorder is received within 3 weeks after the court date, an order will be generated by the court. Failing to be prepared when appearing before the judge shall substantially delay the resolution of your issue. At the 2nd Compliance Conference, a Final Compliance Conference shall be scheduled. The Part, room number and time the motion will be heard by the court. The U.S. Supreme Court clarified in 1982 that Amish employers are not exempt, but only those Amish individuals who are self-employed. If the case was disposed for failure to appear at either a PC or CC conference, the clerk of the court will assign the new conference date. Attorneys are required to remain in the courthouse until their proposed orders are signed by the judge. The proposed rules are slated to take effect on January 28, 2018. Any motion seeking discovery-related relief filed prior to the PC shall be scheduled concurrently with the PC in the Intake Part. If the City or TA has filed either a pre-answer motion or a summary judgment motion (usually not their property/vehicle) then they shall appear and sign the PC but the discovery court may stay/limit their participation in discovery if the IAS judge has not stayed the case. Where rules in such parts differ from general rules, specialized rules shall govern. Both the stipulation and the motion must include all outstanding discovery (appropriate forms are online or in the courtroom), as well as when and how it is to be accomplished. All parties must appear at the settlement conference until the action is settled by means of a modification or other agreement signed by all parties as well as the IAS judge or the matter is referred to the IAS part. Calendars ranged from 50 to 70 properties. IN ANY APPLICATION TO CONSOLIDATE YOU MUST INFORM THE SUPREME COURT OF THE NEXT DATE YOU ARE SCHEDULED TO BE IN FAMILY COURT, AND THE NAME OF THE JUDGE, REFEREE OR SUPPORT MAGISTRATE ASSIGNED TO YOUR CASE. Stipulations to extend the note of issue date or summary judgment date WILL NOT be accepted by the court. The failure of the successful bidder to complete the transaction under the terms bid will presumptively result in the bidders preclusion from bidding at auction for a period of sixty (60) days. Many forms and resources are located at nycourts.gov and on the Kings County Supreme Court website at http://ww2.nycourts.gov/courts/2jd/kings/civil/index.shtml where the most up-to-date information about protocols and scheduling will be posted. PROPOSED ORDERS ARE SUBJECT TO CHANGE AND NOT FINAL UNTIL THE JUDGE SIGNS THE ORDER. Conferences and motions begin at 9:30 a.m. CCP is the Central Compliance Part in Kings County. Help Center is located in the St. Lawrence Supreme Court Law Library (Floor 2B) Call: (315) 379-2279. This conference appearance is scheduled at the 2nd CC approximately 6 weeks from the NOI and appearance is required unless the parties have settled (filed settlement or filed discontinuance with the court) or filed the NOI. The conference calendar will be called after the first call of the motion calendar. All responsive papers, including cross-motions, shall be e-filed (or filed in the Matrimonial Clerks Office) at least three (3) days prior to the return date of the motion except filing is acceptable within two (2) days if made by overnight mail. Any application for temporary injunctive relief shall contain an affirmation demonstrating there will be significant prejudice to the party seeking the restraining order by giving notice. For indoor auctions, temperature checks and COVID Assessment Questionnaires will be administered upon entry to the courthouse. Alternatively, Kings County has available a roster of trained practitioners willing to accept a referral from the Court for mediation, to whom litigants may be referred. Mediation is voluntary, which means that parties can stop the process at any time; parties also do not have to agree to anything. PARTIES ARE NOT TO LEAVE UNTIL ORDER IS SIGNED. Allegations of fact submitted to the Court, including allegations contained in an affidavit or the complaint must be certified by counsel in the form prescribed by the Chief Administrative Judge. Cell phones and pagers must be checked in as well. Each party shall provide the Court with a statement of proposed disposition, updated net worth statement, maintenance guidelines calculation, child support worksheet (if applicable), and the last three (3) years tax returns with all attached W-2s, 1099s, K-1s and schedules. This number will be evaluated and increases will be made based upon the success and health and safety protocols. Any request for further adjournments will be entertained only under the most compelling circumstances and must be made via a telephone conference call with the Court in which all parties participate. The business address is 360 Adams St, Brooklyn, NY 11201-3707. Expedited cases 8 months: Standard cases 12 months Complex cases 15 months. Initial post-judgment applications must be personally served on litigant unless waived by the Court or adversary. Please note, the preliminary conference form has been amended as of July 1, 2022, to conform to changes in the matrimonial rules. The parties shall discuss and decide how discovery shall be conducted regarding social media and other forms of electronic discovery (emails, documents, social media, etc.). Unjustified failure to comply with the provisions of discovery orders shall result in waiving discovery, preclusion, the striking of a pleading, or imposition of sanctions, as appropriate. Where deemed appropriate the Evaluator may offer opinions about the parties chances for success on the issues presented in the case. Some mediations may take place with co-mediators or experienced mediators who are professor(s) accompanied by law students. All communications between the parties and the mediator about the dispute are excluded from Court or any other proceedings including any disclosures made with a view towards settlement. If confidentiality affirmations are signed by counsel, forensic reports can be sent to counsel confidentially by utilizing @secure in the e-mail subject line. Principal Law Clerk: Raymi Ramseur, Esq. INTAKE/PRELIMINARY CONFERENCE (PC) A stipulation setting forth the reason for the adjournment, and setting forth a requested adjourned date must be transmitted by email no later than Noon on the Friday before the scheduled appearance. Failure to conduct EBT may result in sanctions. Supreme Kings Judges List/ Part Rules. Honorable Steven Z. Mostofsky Part 5M (MATRIMONIAL CASES ONLY) Current Local rules effective January 1, 2023. Compliance Conferencesare scheduled to track and ensure compliance with the PC order (which was triggered by the RJI) prior to the date fixed for filing of the Note of Issue (NOI). Courtroom e-mail: KingsMat5J@nycourts.gov The form will include the following information: a case caption; name, address, and telephone number of the referee; the plaintiff's representative and the purchaser; a judgment amount; and the upset and sale price. Courtroom 282 The affidavit should be Exhibit A of any order to show cause. As corrected through Wednesday, July 6, 2022. Electronic filing (e-filing) provides a safe alternative to in-person filings and is an efficient, convenient and practical tool to afford the legal community access to courts. NO ADJOURNMENTS ON MOTIONS UNLESS GOOD CAUSE IS SHOWN. If Surplus Funds have been deposited or the Report of Sale indicates a deficiency, the appearance will be appropriately marked. No. Participated in Legal Educational Seminars with Hofstra University School of Law under the . You must indicate which party you represent or who you are substituting for. FINAL COMPLIANCE CONFERENCE: The Court also has the discretion to use the one VEC for the entire case. Chambers telephone: 347-401-9260, Honorable Eric I. Prus - Part 5A Preliminary conference orders are being generated and issued by the court. KINGS COUNTY PRESUMPTIVE MEDIATION Unified Court System's Future Court Appearance Website, http://ww2.nycourts.gov/courts/2jd/kings/civil/index.shtml, https://iappscontent.courts.state.ny.us/NYSCEF/live/edds.htm, https://iappscontent.courts.state.ny.us/NYSCEF/live/training.htm, https://portal.nycourts.gov/knowledgebase/article/KA-01070, https://www.nycourts.gov/divorce/forms.shtml#Statewide, Preliminary Conference Order (As Revised by EK) (00084092-7).DOCX (nycourts.gov), https://www.nycourts.gov/LegacyPDFS/forms/matrimonial/PreliminaryConferenceOrderFillable.pdf, https://www.nycourts.gov/LegacyPDFS/forms/matrimonial/NetWorthStatementFillable.pdf, http://ww2.nycourts.gov/rules/trialcourts/202.shtml#16, http://www.nycourts.gov/divorce/forms.shtml#Statewide, https://iappscontent.courts.state.ny.us/NYSCEF/live/help/EvidenceCourtInstructions.pdf, http://ww2.nycourts.gov/courts/2jd/kings/civil/KingsCivilSupremeRules.shtml#MatrimonialRules. If the case was disposed for failure to appear at either a PC or CC conference, the clerk of the court will assign the new conference date to ensure compliance with all outstanding discovery listed in stipulation). Indicatedate certain note of issue will be filed within a week. King County Superior Court Order: Civil, Family Law, and Dependency Matters (Extended 6/18/21) Disputed matters will be adjudicated by the Court. PLEASE NOTE: THERE MUST BE A TRUE EMERGENCY THAT REQUIRES INTERIM RELIEF. These opinions are intended to assist parties in their own analysis of the merits of their cases and to facilitate discussion between the parties. Case Records Requests. Court forms for each part are attached and must be used for this purpose. ADMINISTRATIVE ORDERS BEING ISSUED REGARDING THE CORONAVIRUS. If the prior years tax return has not yet been filed, copies of all W-2, K-1, and 1099 statements, and a copy of the filed extension must be provided. *Appearing party/parties must complete an order: *Failure of all parties to appear will result in the court issuing an order on default of all parties,issuing a note of issue date,and deeming all discovery waived. Fax numbers for all counsel must be provided in the cover letter or the stipulation. Courtroom telephone: 347-296-1454 If the parties do not stipulate to the issue of the final counsel fee award being decided on submission of papers, the Court must hear testimony at the conclusion of trial on the issue. 3. Pursuant to Uniform Rules 202.70(g)(3), the Court may direct counsel and the parties to participate in non-binding mediation. KNEP is a non-binding, confidential process in which a neutral evaluator hears informal presentations by attorneys and evaluates the merits of the case. Both judicial and non-judicial personnel are committed . Indicate defaulting party, if any, and that appearing party will serve a copy of the order on defaulting party within seven days, Send written letter, in advance of court date, indicating settlement as to all named parties, or. Introduction: All matrimonial cases in Kings County are considered eligible for presumptive mediation at the initial return dates for preliminary conferences and post-judgment applications. It is the plaintiffs responsibility to arrange for publication. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. Accessibility (ADA) Statewide Info; Local ADA Info; Departments. It shall be set to a date four (4) weeks prior to the expiration of the Pre-Note S&G date. All other individuals and those wishing to observe will be accommodated in (an) overflow Courtroom(s) where virtual viewing of the process will be facilitated. Formal application (Motion/OSC) must be made. Presumptive mediation - Alternative Dispute Resolution (ADR) The parties must be prepared with bills of particulars, medical reports, and insurance coverage. Adjournments of any other conferences are permitted for good cause with the approval of the Court on written stipulation of all parties submitted at least two (2) business days prior to the scheduled date of the conference. Pathway has . If counsel are unable to resolve a dispute, the party seeking Court intervention shall send a letter to the Court, of no more than two (2) pages, upon notice to all parties, describing the problem and the relief requested. any request for an interpreter, including the specific language and dialect; a completed copy of the preliminary conference order, which is available on the courts website at, Pursuant to 22 NYCRR 202.16 (f) (1), all pleadings and net worth affidavits shall be filed with the Part. Proposed signed agreements, once fully executed, should be sent by e-mail as a PDF to Chambers for review at least three (3) days in advance of the scheduled inquest and allocution. These rules apply to all matrimonial actions in Kings County, New York. Chambers telephone: 347-296-1359, Honorable Theresa M. Ciccotto - Part 5J Hard copies are required to be filed for any non e-filed motions, answering papers, stipulations, etc. While discovery should continue during the period of mediation, no depositions or financial experts need be retained or appointed until after the mediation, unless done so on consent or ordered by the Court. Unless directed by the Court, no communications are to be FAXED to chambers other than Stipulations of Adjournment in compliance with these rules, PC Orders prepared in conformity with Rule 7, or disclosure-related communications pursuant to Rule 18. Papandrea-Zavaglia v Arroyave. On 02/08/2022 CTF Asset Management, LLC filed a Property - Foreclosure court case against Graciela Ruiz in Westchester County Courts. There is one calendar call at 11:00 AM. The following, if applicable, shall be provided to the Court at least one (1) week prior to the date of trial, if not previously provided at a pre-trial conference: Updated affidavits of net-worth, copies of three (3) years prior tax returns (if the tax filing deadline has not expired and returns have not been filed for the prior year that party must provide current W-2/1099s/K-1/etc. View information on requesting case records from the court clerk, including fees for copies, inspection for free at the clerk's office, and trial transcripts. Adjournment of Motions. Indicate and detail all outstanding discovery, just cause why not completed and date certain to be completed if not sanctioned or dismissed (CPLR 3126 or 3216) by the judge. Uniform Rules, 202.70(g), Rule 18. When the sale price exceeds the greater of the judgment amount or upset price, the clerk will provide the referee conducting the sale a Surplus Monies Form at the auction to complete. Rules pertaining to Matrimonial, Commercial, and Foreclosure Parts are incorporated herein. Ordinarily to be denied without prejudice to renew at time the motion for SummaryJudgment is brought upon showing of Compliance with the criteria set forth by our Court of Appeals in Brill. TRIALS, HEARINGS, MANY MOTIONS AND CONFERENCES ARE RETURNING TO IN-PERSON APPEARANCES, AND YOU SHOULD FOLLOW THE INSTRUCTIONS OF THE INDIVIDUAL JUDGE OR PART. They may be shared with the litigants, Self-represented litigants may access the report in the courthouse by appointment only scheduled by the chambers of the individual justice assigned. If not previously filed, a copy of the notice of appearance should be filed at this time. Counsel and parties must adhere to all pre-scheduled appointments. Chambers telephone:347-296-1753, Email Contacts for Matrimonial Referees: A summary of these special COVID-19 policies and procedures shall be included in the public notices published and posted pursuant to RPAPL 231. In cases that are e-filed, exhibits must be uploaded separately.

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