Attorneys with appearances elsewhere in the courthouse may advise the clerk of their whereabouts to avoid a default. Defaults shall only be taken on second call. The first calendar call shall be at 9:30 AM and the second calendar call shall be at 10:45 AM unless the Judge’s Part Rules provide otherwise. There shall be two (2) calendar calls on motion days.In both instances, the above time limitation may only be extended by the Court upon good cause shown. In all other matters, including third-party actions, motions for summary judgment may be made no later than sixty (60) days after the filing of a Note of Issue. Post Note of Issue Summary Judgment Motion: In cases where the City of New York is a defendant and is represented by the Tort Division of the Corporation Counsel’s office, summary judgment motions may be made no later than 120 days after the filing of a Note of Issue.In tort cases against the City of New York, courtesy copies shall be supplied to the Corporation Counsel’s office in Brooklyn. No courtesy copies of motion papers are required by the Court, except as may be required for electronic filing or by the Judge’s Part Rules.Any subsequent adjournment shall be by personal application. Adjournment of motions without appearance may be done by usage of stipulation or affirmation submitted no later than the previous workday. Unless the Judge’s Part Rules provide otherwise, motions may be adjourned twice, on consent, without appearance, for a period not to exceed sixty (60) days from the initial return date of the motion.All motions require appearances and oral argument.Irrespective of the return date indicated in the notice of motion, motions will be rescheduled by the E-file/Motion Support Office to a date designated by the assigned Judge.Motion papers, answering affidavits, and reply affidavits must be served on adversaries in accordance with CPLR 2214.Discovery in third party and joint actions will be expedited.Strict compliance with the PC order shall be enforced by the imposition of costs and sanctions when appropriate.The parties must be prepared with bills of particulars, medical reports, and insurance coverage.Disputed matters will be adjudicated by the Court. The attorneys shall, in the first instance, attempt to reach an agreement on all relevant discovery.The signed and entered orders will be uploaded to E-File/County Clerk Minutes. Preliminary conference orders are being generated and issued by the court.The filing/purchasing of an RJI will automatically prompt the scheduling of a preliminary conference.Room changes may be made upon appropriate notice. These rules do not otherwise control the Guardianship/Mental Hygiene or Condemnation Parts.ģ. Where rules in such parts differ from general rules, specialized rules shall govern.Ģ. Rules pertaining to Matrimonial, Commercial, and Foreclosure Parts are incorporated herein. Cross-motions must be filed at least two (2) days before the return date of the motion (see Note #3).ġ. 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. Clerks are required to reject papers that do not have protruding exhibit tabs, except papers in matrimonial cases and papers filed by pro se litigants. Motions, orders, and other filed papers shall be indexed with protruding tabs. This rule applies to all Civil Term Parts of the Court. The Judges of the Civil Term Supreme Court, in order to promote the efficient and impartial administration of justice, hereby adopt the following common and uniform rules (see Note #1): Part N - Kings Neutral Evaluation Part Rules Part M - Consolidated Discovery Part Rules Part G - Foreclosure Settlement Part Rules Part E - Note of Issue-Final Conference Part (NI-FCP) Rules Part D - Central Compliance Part (CCP) Rules Part C - Motions In IAS Parts / Motion Calendar Calls Part B - Preliminary Conference (PC) Rules
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