If all parties are not present, a default order shall be proposed/issued. This center was created to assist litigants who either choose not to be represented or have not retained counsel. Current Local rules effective January 1, 2023. Chambers telephone: 347-296-1359, Honorable Theresa M. Ciccotto - Part 5J Counter-proposed judgments of divorce must comply with 22 NYCRR 202.48. any other matters that the Court shall deem appropriate. Disclosure Disputes. Note of Issue-Final Conference Part (NI-FCP). NO ADJOURNMENTS EXCEPT IN SPECIAL CIRCUMSTANCES. Restore based on default : Counsel must confer prior to appearance at the pre-trial conference so that exhibits that are not disputed can be identified and stipulated into evidence. Kings County Supreme Court, Civil Term ADR Plan Plan. Please include your phone number in case we have . An appearance by an attorney with knowledge of the case and authority to bind the party is required on all motions and conferences. 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. *Defaulting partys discovery shall be deemed waived. 360 Adams Street. Courtroom e-mail: KingsMat5L@nycourts.gov Non-dispositive motions may be adjourned by written stipulation no more than three times for a total of no more than sixty (60) days unless otherwise directed by the Court. CITY & TA CENTRAL COMPLIANCE PART RULES Appearance at the compliance conference is not necessary if a Note of Issue has been served and filed with the court prior to the compliance conference date. Before any TEAMS appearance, you are REQUIRED to do a practice run with your client. Temporary Restraining Orders]. Local Rules linked below supplement the California Rules of Court and apply in Kings County only. (Revised - Effective July 15, 2020). Inquiry as to mediation will be explored pursuant to a screening protocol. NYS Courts Alternative Dispute ResolutionGeneral Information. Courtroom Phone #: 347-296-1626. Assisted the Assistant District Attorneys in investigating complex crimes involving mortgage securities fraud and solicitation of murder. A request for a preliminary conference shall accompany the RJI and both must be served on all parties. Appointed October 2022. Stipulations must be accompanied by a cover letter explaining the reason for the adjournment. Phone: 559-582-1010 / Option 8. Discovery & Inspection (D & I): Parties shall bring all D&I and responses served prior to the PC. The wearing of masks will also be enforced. At the PC Conference, a fixed Note of Issue filing date shall be set. This plan outlines the procedures to be used in recommencing Foreclosure Auctions effective October 29, 2020. Prior to oral argument and decision by the judge, the parties must conference with a court attorney/referee. In Kings County matrimonial parts, these applications must be made by an ex parte application with a no fee RJI and no notice is required. The referee, or his/her designee, must provide a copy of the Terms of Sale, including any known encumbrances, upon request. At the preliminary conference, the Court considers the following: applications for pendente lite relief, including interim counsel fees; compliance with the requirement of compulsory financial disclosures and a timetable for completion; simplification and limitation of issues, including the scheduling of a compliance conference and pretrial conference; and. It is this timeline that sets the NOI. 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). When it is determined that auctions can be held indoors, they shall be held in Room 224, 360 Adams Street, Brooklyn, NY. If the matter was e-filed or converted to e-filing, then the proposed judgment roll should be e-filed. Meetings are usually done by noon. YOU MUST BE ON THE VIRTUAL APPEARANCE TEN MINUTES BEFORE THE ALLOTED TIME SO AS TO NOT TO KEEP THE JUDGE AND COURT STAFF WAITING. The signed and entered orders will be uploaded to E-File/County Clerk Minutes. The relief you are seeking from the court. No recording of any proceedings or conferences are permitted except by the official court reporter. This rule does NOT apply to Temporary Orders of Protection. Violation of this provision could result in arrest or being held in Contempt of Court. Intake/PC Part Room 923 No calendar call or check-in. If not previously filed, a copy of the notice of appearance should be filed at this time. The Court is operating on a hybrid in-person and virtual schedule. Diana Szochet - dszochet@nycourts.gov Forms can be filled out in Omni Form from the Court website. Where rules in such parts differ from general rules, specialized rules shall govern. These conferences are co-located in the Central Compliance Part. E-filing is not to be used to upload communications with adversaries and/or the Court without prior Court permission. All bidders must have proof of identification and will be required to stand and state their names and addresses on the record at the time the bid is made. In calculating service dates the date of filing is not included pursuant to General Construction Law 20. On September 24, 2022 a case was filed by 4712 4 Avenue Realty Llc , against The Tax Commission Of The City Of New York, And The Commissioner Of Finance Of The City Of New York , represented by The Tax Commission Of The City Of New York , in the jurisdiction of Kings County. 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. The Mayor appointed the following judges to Civil Court: Judge Anthony M. Battisti was a former Queens County Assistant District Attorney for four years assigned to the Intake, Criminal Court, Grand Jury, and Supreme Court Bureaus. King County Superior Court Order: Civil Jury Trials and Criminal Cases - Suspending In Person Jury Trials to January 29, 2021 - Resuming In Person Jury Trials February 1, 2021. 01/11/2021. Filed. Referrals to referee parts are expected to be trial ready on the date selected for trial and prepared to be heard day-to-day thereafter. If a successful bidder fails to immediately pay the deposit and sign the Terms of Sale, the property will be promptly returned to auction the same day. STRONGLY RECOMMENDED: E-file proposed CCP OSC/motions orders resolved on consent (or withdrawals) at least two days prior to your scheduled return date to avoid your CCP motion/OSC being submitted. Following the auction, the successful bidder will deposit at least 10% of the sale price with the Referee. E-filing should be used whenever possible to mitigate unnecessary in-person trips to the courthouse to file papers. 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. The Evaluator will not disclose any information that an attorney may convey in confidence without the advance permission of that attorney. Preliminary Conferences. All cross-motions must conform to CPLR 2215. Parties shall bring all D&I and responses served prior to the PC. 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. This Rule shall take effect on March 1st, 2012, and shall apply to all Eminent Domain Proceedings in which the time for filing written claims or notices of appearance expires after February 29th, 2012. SUPREME COURT DECISIONR EGARDING NOTICES TO APPEAR (NTA) FOR IMMIGRATION COURT DOS Provides Information on Immigrant Visa . Cases ready to file NOI: 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. Sep 24, 2022. Courtroom telephone:347-401-9400 NOTE: PLEASE SEE PRE-NOTE DISCOVERY FLOW CHART. *Failure of an appearing party to complete an order shall constitute a non-appearance of that party and will result in the court issuing an order, on default, dismissing the action (pursuant to 3126 &/or 3216 or deeming the defaulting partys discovery demands waived. Special Counsel for Immigrant Affairs at the Kings County (Brooklyn) District Attorneys Office Brooklyn, New York, United States 607 followers 500+ connections This is particularly necessary for actions involving NYC and all the agencies it represents the City and the MTA and all entities it represents Transit or TA. No action may be discontinued except upon application to discontinue or stipulation by the plaintiff to discontinue submitted for approval by the Court. Courtroom telephone: 347-296-1454 KINGS COUNTY PRESUMPTIVE MEDIATION An affidavit with Notice must be attached pursuant to 22 NYCRR 202.8 except for good cause shown or a request for a Temporary Order of Protection. Proceedings may be converted to e-filing pursuant to Administrative Order 114/20 (available at. In 1964, Pathway Publishers was founded by two Amish farmers to print more material about the Amish and Anabaptists in general. Cases dismissed for non-appearance may be restored by written stipulation signed by all parties within 30 days of default or by motion. The court may incorporate the D&I/responses into the PC, rule upon the issues, and/or give further directions to the parties. In connection with work . The discovery court ordinarily will order compliance with discovery orders during the pendency of pre-note dispositive motions (CPLR 3211, 3212, etc.) Thereafter, the matter may only be restored by motion on notice to all parties.. Some mediations may take place with co-mediators or experienced mediators who are professor(s) accompanied by law students. A copy of the Kings County part rules can be found at : http://ww2.nycourts.gov/courts/2jd/kings/civil/KingsCivilSupremeRules.shtml#MatrimonialRules. If necessary, a second CC shall be scheduled. Any additional maintenance charges or other expenses must be by separate order of the Court. All non-court personnel are required to check-in, with the exception of attorneys with secure ID passes, and may be subject to a search. It is perhaps the slowest moving part in the New York court system (and that is saying something). It is the plaintiffs responsibility to notify the referee of any encumbrances in advance of the sale date. 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. THIS REQUIRES INCLUSION OF ATTORNEYS FOR THE CHILDREN. Telephone number: 347-296-1626 Please notify chambers at least ten (10) days before the preliminary conference and at least. Parties may not stipulate to vacate any FCP order issued on default. Disputed matters will be adjudicated by the Court. Do not upload letters to e-filing, without court permission, letters become part of the permanent records of the Office of the County Clerk. All foreclosure cases in which the servicing agent, as well as the homeowner, has agreed to a trial modification, whether under HAMP or otherwise, shall be given a control date in the Foreclosure Conference Part coincident with the trial modification period. The Preliminary Conference is not to be adjourned, even on consent, unless good cause is shown for the adjournment. Should a bidder fail to comply, the Referee may cancel the closing and hold the bidder in default. Papandrea-Zavaglia v Arroyave. Courtroom e-mail: KingsMat5F@nycourts.gov Attendance will be limited to 25% of Courtroom capacity and initially, only qualified bidders will be allowed access. Court records for this case are available from Supreme Court. Any such communications will be rejected. The Evaluator will endeavor to facilitate a settlement between the parties. Calendars ranged from 50 to 70 properties. Service on prior counsel is defective service. A mediator is not a judge and will not decide issues if parties cannot agree. Adjournment of motions without appearance may be done by usage of stipulation or affirmation submitted no later than the previous workday. Forms are available in the courtroom and may be completed when all parties are present. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. It is the obligation of the parties/counsel to notify the Court if there are existing Temporary Order(s) of Protection that would expire on the scheduled court appearance. A CC shall be scheduled right after the plaintiffs EBT. Any party requesting a preliminary conference must annex a copy of the pleadings to the RJI when the request is filed with the Court. 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. A Notice of Sale must be submitted to the Foreclosure Department at least ten (10) days prior to the date of the auction. All parties must be present at each in-Court or virtual appearance unless excused by the Court. Such period of time will be suspended by the filing a Forbearance or Settlement Agreement with the clerk of this court. Cases may be postponed for consideration of eligibility by the Judge pending determination of, or an agreement as to, interim issues of temporary child support, temporary maintenance, interim counsel fees or assignment of counsel (custody and visitation), or an attorney for the child(ren). - Administer all research, documentation and filing for business and criminal litigation; - Review and examination of testimonies and police reports . Only where there is already a pending case will the application be referred to the Justice assigned. Courtroom 282 Appearance is Mandatory in all six Consolidated Discovery Parts: Intake/PC (rm 282), CCP (Central Compliance Part, rm 282), Motions (rm 282), FCP (Final Conference Part, rm 277), FDP (Final Disposition Part, rm 277), and City Discovery Part (rm 296). Courtroom e-mail: KingsMat5M@nycourts.gov Many Judges prefer the Order to Show Cause as the method to bring forth requested relief. An application may be made by the party(ies) present at the default calendar call at 12:00 noon. In such cases, a copy of the Note of Issue may be presented to the part clerk. A summary of these special COVID-19 policies and procedures shall be included in the public notices published and posted pursuant to RPAPL 231. The first Compliance Conference shall be set shortly after the plaintiffs scheduled EBT. 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. There is a letter application to convert to e-filing (. No. (This is a non-appearance part.) Parties must comply with one of the below requirements: If three (3) weeks have elapsed from the date of the scheduled conference, and parties did not comply with 1, 2, or 3 above, the matter will be marked disposed. 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. Courtesy copies should not be provided unless the Court so directs. At this time EDDS should ONLY be used to upload the consent to e-filing stipulation or the letter application. Courtroom 282 A PC Order will be entered on default of any non-appearing party. It is compliant with the PC order that is monitored in the rest of the centralized discovery parts. Kings County Court Records Search ; Courts Nearby. Odyssey eFileCA allows users to easily open court cases and e-file documents to a number of California courts anytime and from anywhere California Online Self-Help Center The Self-Help Center offers assistance with many types of legal cases, including divorce, child custody, restraining orders, and name change. It is your responsibility to notify your adversary, any successor adversary, or any self-represented litigant of the preliminary conference date. Part opens at 9:30 AM, default calendar call at 12:15 PM. *Please contact the IDV Part directly for the IDV Part rules. A Request for Judicial Intervention is required to initiate proceedings before the court pertaining to the claim. However, when credible information concerning child abuse or neglect or serious threatened harm to anyone comes to the attention of the mediator, they are not required to adhere to the confidentiality restrictions. Check-In. Calendars ranged from 50 to 70 properties. The filing of the Request for Judicial Intervention (RJI) starts court intervention and commences the rigorous timeline in which to complete discovery: Pre-note Standards & Goals (S&G) on an: Expedited tracked case is 8 months, a Standard tracked case is 12 months, on a Complex tracked case is 15 months. You must indicate which party you represent or who you are substituting for. PC / Intake: (347) 296-1592 Compliance Conference Part (CCP): (347) 296-1626 Final Conference Part (FCP): (347) 401-9054 City / TA Discovery (CDP): (347) 401-9264 Updated: November 4, 2022 Chambers telephone: 347-401-9015. No preliminary conference shall be adjourned more than once or for more than thirty (30) days. 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. All adjournments on the grounds of engagement of counsel shall be granted only in accordance with Part 125 of the Rules of the Chief Administrator of the Courts. 360 Adams Street, Room 122C. If a case fails to settle, the Evaluator will not disclose to any third-party or Justice which attorney refused to agree on a resolution. MOTIONS TO EXTEND TIME WITHIN WHICH TO MOVE FOR SUMMARY JUDGMENT: Telephone number: 347-401-9264. 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. Case law requires that a new retainer agreement be entered into by the litigant and counsel for post-judgment representation even if the attorney was the attorney of record on the underlying action. The parties shall discuss and decide how discovery shall be conducted regarding social media and other forms of electronic discovery. Counsel and parties must adhere to all pre-scheduled appointments. All submissions must comply with the requirements, including page limits, detailed in 22 NYCRR 202.16-b. 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. THIS COURT SUPERVISING DISCOVERY DIRECTS THAT DISCOVERY IS NOT STAYED WHEN PRE-NOTE OF ISSUE SUMMARY JUDGMENT MOTION IS FILED CPLR 3214(b) unless the IAS judge grants a stay in an order. Sales were held on Thursdays at 2:30 PM. The Ex-Parte Clerk is authorized to reject: Motion papers that are not in compliance with the CPLR; Motion papers filed less than five (5) days before the return date of the motion; An application for an Order of Reference or Judgment that does not contain a statement pursuant to CPLR 3408, indicating eligibility/exemption from conference; A notice of sale that does not comply with Rule 12; An application for surplus money that does not contain a recognized title search or its equivalent as an exhibit. Fax numbers for all counsel must be provided in the cover letter or the stipulation. If the successful bidder defaults in concluding the transaction at the purchase price, he/she may be liable for the difference if the property is subsequently sold at auction for a sum that is inadequate to cover all items allowed in the Final Order and Judgment. File your NOI or your motion PRIOR TO THE NINA-C date. Eligibility may be denied based upon a host of factors, such as: past or present orders of protection, a power imbalance, past or present neglect or abuse petitions, complexity of issues, need for extensive discovery, or other factors determined by the Judge assigned. Cases are assigned to KNEP post Note of Issue. Since consolidation with New York City in 1898, Brooklyn has been governed by the New York City Charter . Courtroom telephone: 347-401-9205 Brooklyn, NY 11201. Applications for Substituted Service, Poor Person Relief or Address Confidentiality NYS Courts Online Mediator Directory. The second and final call will be held at 10:15 AM. Where a defendant homeowner has appeared for a settlement conference in a residential foreclosure action, either in person or by an attorney, an application to discontinue or stipulation of discontinuance must be served on opposing counsel or pro se defendant. The current Kings County Supreme Court protocols are available at: http://ww2.nycourts.gov/courts/2jd/kings/civil/index.shtml. Given the present number of cases to prevent overcrowding-if you are late, you may miss your court appearance. Avvo has 97% of all lawyers in the US. Adjournment of Motions is generally NOT granted. Mediation is confidential with one of the exceptions being an allegation of child abuse or neglect. Use applicable court form and detail and include all outstanding discovery with proposed on or before certain dates. Pathway has . 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. 2 RECEIVED NYSCEF: 03/31/2022 2 of 63 It is the duty of the referee assigned to conduct the auction to make sure that all bidders, interested parties, and observers are wearing masks and observing proper social distancing. Proposed orders should include all outstanding discovery, or indicate that discovery is complete. ), statement of proposed dispositions, and maintenance and child support worksheets. A firm trial date will be established at a final settlement conference to be held at the conclusion of discovery. Trial counsel must appear. Presumptive mediation - Alternative Dispute Resolution (ADR) If the parties or counsel fail to provide the information the Case Analyst will designate a mediator. Virtual or in-person pre-marking shall be held with part clerk or law clerk at least one (1) week prior to trial for electronic submission. Courtroom telephone: 347-401-9332 First, choose your state: Alabama; Alaska; Arizona; Arkansas . Sometimes a meeting might take most of the day. All judgments and orders must include a notice of settlement in compliance with 22 NYCRR 202.48. If there remains any outstanding discovery, it shall be completed prior to the Note of Issue date. At this time, due to the COVID-19 pandemic emergency, unless otherwise ordered, the preliminary conference, the screening for appropriateness, and the mediation will be conducted virtually. If all parties served with the motion are in accordance, they may enter into a consent order. PLEASE NOTE: THERE MUST BE A TRUE EMERGENCY THAT REQUIRES INTERIM RELIEF. PROPOSED ORDERS ARE SUBJECT TO CHANGE AND NOT FINAL UNTIL THE JUDGE SIGNS THE ORDER. Upon the failure to either submit a proposed order or virtual conference request, the Court shall decide the pending motion, on submission, on the return date. In all foreclosure proceedings, the following form orders, judgments, and applications, available at the Clerks office or online, must be utilized: the Order of Reference; the Judgement of Foreclosure and Sale; a Deficiency Judgment; the Order in a Surplus Money Proceeding; and the Referees Application for Additional Compensation. The costs of publication may be recouped from the proceeds of the sale. Fax numbers for all counsel must be provided in the cover letter or the stipulation. Note of Issue will not be extended in FCP. The employer name is COUNTY CLERK KINGS COUNTY. In accordance with our e-filing rules Forensic Evaluations and Child Protective Reports CANNOT be uploaded to the VEC. Litigants must take steps necessary to ensure no children can overhear or witness any court appearances and/or proceedings and should ensure they are participating from a location without background noise interference (TV, radio, street noise). Counsel are referred to the rules for Alternative Dispute Resolution for Kings County for more detailed information. Whether complex or standard tracked, the Final Compliance Conference will be approximately six (6) weeks prior to the NOI. Publishing. *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. Part Rules. Any motion seeking discovery-related relief filed prior to the PC shall be scheduled concurrently with the PC in the Intake Part. Expedited cases 8 months: Standard cases 12 months Complex cases 15 months. The evaluation will address liability and damages. It is the plaintiffs responsibility to arrange for publication. A Request for Judicial Intervention is required to initiate proceedings before the court pertaining to the claim. The current pandemic has forced us to formulate a plan that is viable and takes into account all the health protocols that are needed for indoor assembly and outdoor assembly. Principal Law Clerk: Raymi Ramseur, Esq. Failing to be prepared when appearing before the judge shall substantially delay the resolution of your issue. Submit a virtual conference request, on consent of all parties, using the virtual conference request form. Stipulations to extend the note of issue date or summary judgment date WILL NOT be accepted by the court. 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. In the event that a proposed order is not submitted with the motion, it must be submitted to the IAS Judge within 60 days or the motion may be deemed abandoned. If parties wish to select their own mediator, they may do so, but must notify the Courts Case Analyst within five (5) court days of the name of the mediator and the date and time of the scheduled mediation. *Failure of all parties to appearwill result in the court issuing an order on default of all parties; issuing a note of issue date, and deeming all discovery waived. Find a lawyer near you. 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. Mere failure to serve a B/P is insufficient reason to adjourn a PC, an order shall be entered on the date of the PC, failure to file/provide a BP may result in dismissal of the action. Cases eligible for mediation will meet with a mediator and talk about the concerns that brought them to court to resolve contested issues. The form must be signed by the referee, plaintiff representative, and purchaser of the foreclosed property. A BP must be filed and provided prior to the PC, if it is not, your action may be administratively dismissed at the Preliminary Conference. Attorneys are advised to consult, inter alia, the New York Law Journal or the Unified Court System's Future Court Appearance Website for the return dates. Telephone number: 347-296-1626 Attorneys are advised to consult, inter alia, the New York Law Journal or the Unified Court System's Future Court Appearance Website, ecourts,for the return dates. Failure to so advise the clerk or appear at the default calendar call will result in a default order being entered or the motion being marked off the calendar. These rules do not otherwise control the Guardianship/Mental Hygiene or Condemnation Parts. for E-filed cases returnable in this Part at least 5 days before return date for main motions, and 2 days for cross-motions. Indicate outstanding discovery, with final dates to comply or be sanctioned. A criminal case begins when someone is arrested and charged with a crime. Parties shall endeavor to resolve their own discovery issues and present the proposed orders to the court attorney/referee reviewing proposed consent orders. If Surplus Funds have been deposited or the Report of Sale indicates a deficiency, the appearance will be appropriately marked. . Where no affidavit of prejudice has been provided pursuant to Uniform Rules, 202.70(g)(3), Rule 20, notice of applications for Temporary Restraining Orders (TRO) contained in an Order to Show Cause must be given to opposing counsel, or parties if no attorney has previously appeared, at least six hours in advance of submission to the court and must contain a specific time and date of submission so as to afford an opportunity to appear. You should not file a contested RJI even though you think the case may eventually be contested. The Kings County Commercial Division will strictly enforce Uniform Rules, 202.70(g), Rules 6 and 17 relating to the form and length of papers submitted to the Court. Counsel are advised to communicate with each other prior to the KNEP date as counsel must be prepared to present a record demand and offer. The Court may order that a motion be made but no discovery motion will be entertained without prior compliance with this rule. If there is a potential for Surplus Funds, the clerk will record the sale price, amount awarded in the final judgment of foreclosure, and the upset price, and enter that information in CCIS (Foreclosure Surplus Screen). ORDERS: A Note of Issue shall be filed prior to the Pre-Trial Conference, in accordance with the compliance conference order. Defaults shall only be taken on second call. Please check with the Court part prior to trial/hearing regarding specific protocols in effect, if any, related to uploading evidence in advance. 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. Parties shall endeavor to resolve their own discovery issues and present the proposed orders to the court attorney/referee reviewing proposed consent orders. Chambers telephone: 347-404-9954. A legally competent representative of plaintiff authorized to act on plaintiffs behalf, must appear at the auction sale. The court works until 5 pm and many cases must return for resolution in the afternoon session. Not all cases will be deemed eligible for mediation. Phone: (559) 582-1010 x6023. Cell phones and pagers must be checked in as well. Strict compliance with the PC order shall be enforced by the imposition of costs and sanctions when appropriate. The Court may direct the parties to appear at such conference. These rules apply to all matrimonial actions in Kings County, New York. Rules pertaining to Matrimonial, Commercial, and Foreclosure Parts are incorporated herein. About 20 years ago, that process was changed and the auctions were moved to a courtroom inside the courthouse, under the guidance of court staff. Pursuant to 22 NYCRR 202.48, proposed judgments with proof of service on all parties must be submitted for signature within sixty (60) days, unless otherwise directed by the Court. See A/O 162/21, Appendix B (a) (5). (1) PC Conference is not to be adjourned, even on consent, unles. Counsel and parties may not talk over each other or the Court. Orders completed On Consent should be placed in the appropriate basket, in the front of courtroom. Index Number for Fixture Claims. Until further notice, in light of the COVID-19 pandemic, and in order to ensure the implementation of safety measures, foreclosure auctions will temporarily be held outside on the courthouse steps on Adams Street. Service is availble for Supreme Court civil cases in all counties, some local civil courts, and criminal cases in 13 counties. A PC shall be scheduled within 45 days of filing the RJI. Chambers telephone: 347-401-9260, Honorable Eric I. Prus - Part 5A There is one calendar call at 11:00 AM. Discovery continues pending mediation unless otherwise ordered by the Court. Supreme Kings Judges List/ Part Rules. Preliminary Conference Orders may be entered on consent of the Court and all parties by printing and filling out the Preliminary Conference Form posted on the. These rules are promulgated by the Chief Judge. Parties must formally and timely preserve their rights (after reasonable and timely good faith efforts) to ensure compliance with all discovery orders. Until further notice, every Judgment of Foreclosure and Sale and In Rem Judgment shall contain a decretal paragraph directing the Referee in a mortgage foreclosure action or the Petitioner in an In Rem Tax Foreclosure proceeding to comply with the Kings Supreme Civil COVID-19 Policies concerning Public Auctions of foreclosed properties. Opens at 9:30 AM 3. Courtroom 282 Referees will notify the referring justice of any adjournments. Dispositive motions (made pursuant to CPLR 3211, 3212 or 3213) may be adjourned only with the Courts consent. Chambers telephone: 347-401-9208 If the request for adjournment is granted by the Court, then counsel or self-represented litigants shall prepare a stipulation including the caption and index number of the case, the appearance date, the adjourn date, and the reason for the adjournment. The parties must be prepared with bills of particulars, medical reports, and insurance coverage. You must appear on time. Prior to his appointment to the bench, he served with the New York State Unified Court System in various capacities including as Principal Law Clerk to two Kings County Supreme Court Justices and a Kings County Criminal Court Judge. NEW FCP RULE EFFECTIVE JANUARY 25, 2022: These conferences are co-located in the City and TA Central Compliance Part. Training on Teams and other virtual platforms can be accessed at: Requests for adjournments should be made in advance. If parties opt to continue mediating beyond the initial session, they may arrange to mediate with the same mediator or engage a new mediator. Within sixty days from the expiration of the time set forth, pursuant to EDPL 503 (B), in an order of acquisition for the filing of written claims or notices of appearance, condemnor shall obtain an index number for each of the fee claims on file with the court pursuant to the said order so that the Clerk can separately maintain the claim and all further proceedings with respect thereto, and the condemnor shall notify the claimant or its attorney of record of the index number assigned to its claim. Compliance with discovery orders shall be required during the pendency of motions to withdraw/be relieved, or during settlement discussions/ arbitration, unless otherwise ordered by the discovery court. Help Center can be reached by phone daily, 9 am-4:45 pm. The business address is 360 Adams St, Brooklyn, NY 11201-3707. The filing of the Request for Judicial Intervention (RJI) starts court intervention and commences the rigorous timeline in which to complete discovery: Pre-note Standards & Goals (S&G) on an Expedited tracked case is 8 months, a Standard tracked case is 12 months, on a Complex tracked case it is 15 months. You may visit, the Office of Self-Represented for assistance at 360 Adams Street, Room 122-C, Brooklyn NY 11201. Ex-Parte / Part 72; Fiduciary / Part 36; Foreclosures; Foreclosure Sales; Guardianship; Help Center; Matrimonial / Divorce; Mental Hygiene; E-file/Motion Support; Trial Support; Subpoenaed Records; Chambers telephone: 347-296-1779, Carolyn Genovesi - cgenoves@nycourts.gov This case was filed in Westchester County Courts, Supreme Court located in Nassau, New York. Preliminary conference orders are being generated and issued by the court. Accessibility (ADA) Statewide Info; Local ADA Info; Departments. 22 NYCRR 202.16 has been amended and harmonized with the Supreme Court Rules contained in 22 NYCRR 202. In the Kings County Intake Part, plaintiff's failure to serve a BP is ground to adjourn Preliminary Conference. Failure to proceed may result in a judgment of default or dismissal of the action. 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. Sales were held on Thursdays at 2:30 PM. All motions require appearances and oral argument. 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. No double-endorsed checks will be accepted. Automatic Orders For indoor auctions, temperature checks and COVID Assessment Questionnaires will be administered upon entry to the courthouse. 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. The City/TA shall bring a copy of their motion with exhibits to the PC/CC for the discovery judge to review. NOTICE: Local Criminal Rule (LCrR) 3.2 Pretrial Release. Oral argument is required on all motions unless dispensed with by the Judge. Rules for consent orders are posted in CCP AND ABOVE. Important Update to Court Announcements May 1 - 10AM May 1, 2020 In "Appellate". (718) 875-1300 Kings County Clerk (347) 404-9760 Kings Surrogate's Court (347) 404-9700 Kings Family Court (347) 401-9610 Kings Civil Court (347) 404-9123 Kings Criminal Court (347) 404-9400 Jury Clerk's Office (347) 404-9856 Provided by CourtAlert www . The affidavit should be Exhibit A of any order to show cause. Find the best ones near you. The court has adopted LCrR 3.2 (b), effective December 8, 2020, regarding least restrictive conditions of release when the . Such letter may be answered within eight (8) days by letter of no more than two (2) pages, also on notice to all parties. A successful bidder must have in his/her possession at the time of the bid the full 10% of the sum bid, in cash or certified or bank check to be made payable to the Referee. The Office of Self-Represented is open every Tuesday, Wednesday, and Thursday from 9:30 a.m. 12:45 p.m. and 2:15 p.m. 4:45 p.m. E-Filing Parties must also contact the court-assigned mediator, if one has already been assigned, to cancel any scheduled session. Banks must schedule the auction date and time with the court before commencing publication of the auction notice. Grand Jurors serve a one (1) year term from July 1st through June 30th. Following argument and reservation of decision by the Court, no supplemental submissions will be accepted by letter or otherwise unless expressly authorized in advance. Any subsequent adjournment shall be by personal application. Rule 2. *Failure of plaintiff or all parties to appear will result in the court issuing an order, dismissing the matter pursuant to CPLR 3126 &/or 3216. . Where deemed appropriate the Evaluator may offer opinions about the parties chances for success on the issues presented in the case. A copy of the Notice of Sale must simultaneously be sent to the owner of the equity of redemption at both his/her last known address and the property address. Settlement: To have a case mark settled, PLAINTIFF: KINGS COUNTY CITY AND TA CONSOLIDATED DISCOVERY PROCEDURES*. Failure to comply will result in an automatic dismissal of the action. For example, a virtual conference or an Order to Show Cause that is marked as virtual may be changed by the Judge to an in-person at any time and visa-versa. These opinions are intended to assist parties in their own analysis of the merits of their cases and to facilitate discussion between the parties. PRE CALENDAR PROCEDURES: A. INTAKE PC CONFERENCES should be scheduled 45 days after RJI. Brooklyn, NY 11201. There shall be no extension of time for filing summary judgment motions after the Note of Issue, except upon application to the Court. 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. July. Monday - Friday: 8:00 a.m. to 4:00 p.m. Rule 1. The parties shall not require the production in court or in any other proceeding of any records or documents made by the mediator. the argument of a dispositive motion, the Court will determine whether discovery shall proceed pending decision. 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. The mediator may be associated with a not-for-profit mediation service provider or an independent mediator whose credentials and qualifications have been reviewed and approved to work together with the Court in this program. Adjournment of Preliminary Conference. Proposed stipulations of settlement shall. It is compliance with the PC order that DRIVES the rest of the centralized discovery parts. In tort cases against the City of New York, courtesy copies shall be supplied to the Corporation Counsels office in Brooklyn. Kings County Civil Supreme Court is open Mondays-Fridays, 9am-5pm. Part B - Preliminary Conference (PC) Rules, Part C - Motions In IAS Parts / Motion Calendar Calls, Part D - Central Compliance Part (CCP) Rules, Part E - Note of Issue-Final Conference Part (NI-FCP) Rules, Part G - Foreclosure Settlement Part Rules, Part M - ConsolidatedDiscovery Part Rules, Part N - Kings Neutral Evaluation Part Rules. ALL VIRTUAL PROCEEDINGS OR TELEPHONIC PROCEEDINGS FOR COURT APPEARANCES SHALL BE SET UP BY COURT STAFF. "Why it's called the Supreme Court is that it's the court of general jurisdiction, meaning whoever named these courts decided 'Well, Supreme is a fitting name because it means we can hear all the cases,'" Ressler said. Motions that only seek discovery-related relief are scheduled in the. Chambers telephone:347-296-1753, Email Contacts for Matrimonial Referees: 4. Users can use it day-to-day and there is no need once you establish a VEC for a trial or hearing to create a new VEC on a particular case. The upset price may not be greater than the amount stated in the referees report of sale together with CPLR judgment interest running from the filing of the Judgment of Foreclosure and Sale together with the amount represented by receipted bills for taxes. 509311/2022 NYSCEF DOC. All Forbearance Agreements must be filed with the Foreclosure Clerk of the Court within twenty (20) days of the execution thereof. NOTE: ALL E-MAIL COMMUNICATIONS WITH THE COURT MUST BE ON NOTICE TO ALL PARTIES/COUNSEL. If we are connected, you are an attorney, and you are interested in joining my referral list, please send me: (1) your firm name; (2) your firm If they wish to engage in mediation, a preliminary conference will be conducted considering expanded time frames to accommodate the mediation. A conference may be required by statute or mandated by appearance, reference, or request. Please note that just because an initial or subsequent Order to Show Cause or conference was designated virtual it does not mean the following appearance will not be in-person. Attorneys with appearances elsewhere in the courthouse may advise the clerk of their whereabouts to avoid a default. Please check the individual part rules for the Judge. Parties should not leave until Order is signed, as Judge may need to see the parties. If the Temporary Order(s) of Protection are continuing to the adjourn date, the parties must appear on the originally scheduled date for service for an extended Temporary Order(s) of Protection to the adjourn date. If papers are rejected the re-submitted proposed judgment/order must include a new notice of settlement. PROPOSED ORDERS ARE SUBJECT TO CHANGE AND NOT FINAL UNTIL THE JUDGE SIGNS THE ORDER. Hard copies are required to be filed for any motions, answering papers, stipulations, etc. Hard copies are required to be filed for any non e-filed motions, answering papers, stipulations, etc. Cross-motions must be filed at least two (2) days before the return date of the motion (see Note #3). Post-judgment applications must be brought by order to show cause if there are no presently pending post-judgment applications with service as directed by the Court. A court clerk will be present at all court-ordered foreclosure auctions. Courtroom e-mail: KingsMat5G@nycourts.gov The RJI must be scheduled within forty-five (45) days of the RJI being filed and adjournments will be limited. Filter cases further by date of filing, jurisdiction, case type, party type, and party representation. The Criminal Department handles all adult criminal cases within King County Superior Court. In Kings County, experienced former jurists, acting as JHOs, are available at no expense to the parties. 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. For Seattle-based ARY, CHINS and Truancy matters: Chief Judge Averil Rothrock, 206-477-1423, email rothrock.court@kingcounty.gov or Seattle-area Case Manager Karen Chapman, 206- 477-4946, (karen.chapman@kingcounty.gov) King County Juvenile Court handles cases when youth younger than 18 are accused of committing an "offense," which is how . 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. Failing to be prepared when appearing before the judge shall substantially delay the resolution of your issue. CASES THAT DO NOT SUBMIT AN ORDER ON CONSENT WITHIN THREE WEEKS OF THE COURT DATE, WILL RECEIVE AN ORDER GENERATED BY THE COURT. Referrals on the issue of contempt can only be to hear and report. NOTICE: No photography or video or audio recording is permitted during court appearances (virtual or in-person) without express Court permission. The Referee and all interested parties must be present at the time and place designated by the Foreclosure Dept. The court may incorporate the D&I/responses into the PC, rule upon the issues, and/or give further directions to the parties. cases.). 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