Courtroom: 347-296-1634 Chambers: 347-296-1461 Part Clerk: Taneka Teel Motions: Wednesdays, 10:00 A.M. (f) The individual(s) designated must testify about information known or reasonably available to the entity. To learn more, click the following link: Do not sell my info. Courts and Coronavirus: Temporary Rules and Procedures of New York's Appellate and Commercial Divisions. The exhibits are to be hand-delivered to the court so they can be reviewed in conjunction with the motion and are not to be e-filed. (12) applications to stay or compel arbitration and affirm or disaffirm arbitration awards and related injunctive relief pursuant to CPLR article 75 involving any of the foregoing enumerated commercial issues. (1) In the discretion of the Commercial Division justice assigned, if a case does not fall within the jurisdiction of the Commercial Division as set forth in this section, it shall be transferred to a non-commercial part of the court. 7. The parties shall delete from the testimony to be read questions and answers that are irrelevant to the point for which the deposition testimony is offered. Rule 27. (a) Meet and confer: general. Forms are organized by case type, program/form name, and court. (b) Should counsel wish to proceed with a settlement conference before a justice other than the justice assigned to the case, counsel may jointly request that the assigned justice grant such a separate settlement conference. Motions in Limine. If the court's Part Rules address discovery disputes, those Part Rules will govern discovery disputes in a pending case. (3) The Commercial Division Bar. Notwithstanding whether or when the legal duty to preserve ESI arises, which is governed by case law, a party seeking ESI discovery from a nonparty is encouraged to discuss with the nonparty any request that the nonparty implement a litigation hold. (d) Any Party filing a Redacted Filing in accordance with the procedure set forth in this paragraph 12 shall, contemporaneously with or prior to making the Redacted Filing, provide the other Parties and the Court with a complete and unredacted version of the filing. In common spaces: A gym Self-serve washing machines Relaxation room and communication Ideally located studio: Access to the Faculty of Medicine and Chru 5 minutes . Nothing in this Stipulation shall prohibit or interfere with the ability of counsel for any Receiving Party, or of experts specially retained for this case, to represent any individual, corporation or other entity adverse to any Party or non-party or their affiliate(s) in connection with any other matter. The New York Office of the Attorney General offers a downloadable publication about tenants' rights in English and Spanish. Where the applicable arbitration agreement provides for the arbitration to be heard outside the United States, the monetary threshold set forth in subdivision (a) of this section shall not apply. When appropriate, proposed orders should be submitted with motions. Please address questions about scheduling and adjournments to the Part 12 Clerk. Rule 9-a. Directions. (e) All pleadings, briefs or memoranda which reproduce, paraphrase or disclose any documents which have previously been designated by a party as comprising or containing Confidential Information shall identify such documents by the production number ascribed to them at the time of production. See CPLR 5513. Any potential evidentiary question or procedural or substantive law matter not previously adjudicated shall be brought to the Courts attention and addressed prior to trial by way of a written or oral motion in limine. -against- STIPULATION FOR THE EXCHANGE OF Defendant(s). 2. A copy of depositions intended to be used at trial should be furnished to the Court at the commencement of the trial. This Stipulation may be signed in counterparts, which, when fully executed, shall constitute a single original, and electronic signatures shall be deemed original signatures. This Stipulation is entered into without prejudice to the right of any Party or non-party to seek relief from, or modification of, this Stipulation or any provisions thereof by properly noticed motion to the Court or to challenge any designation of confidentiality as inappropriate under the Civil Practice Law and Rules or other applicable law. COUNTY OF KINGS . Any person receiving Confidential Information shall not reveal or discuss such information to or with any person not entitled to receive such information under the terms hereof and shall use reasonable measures to store and maintain the Confidential Information so as to prevent unauthorized disclosure. Sylvia G. Ash. All exhibits not consented to shall be marked for identification only. Parties which use this sample provision must meet any requirements of applicable law. If no such motion is filed, such documents or materials shall continue to be treated as Confidential Information. Rule 13. (b) In the event that the Partys (or, as appropriate, non-partys) filing includes Confidential Information or Highly Confidential Attorneys Eyes-Only Information produced by a Producing Party that is a non-party, the filing Party shall so notify that Producing Party within twenty four (24) hours after the Redacted Filing by providing the Producing Party with a copy of the Redacted Filing as well as a version of the filing with the relevant Producing Partys Confidential Information or Highly Confidential Attorneys Eyes-Only Information unredacted. Such means may include technology-assisted review, including predictive coding, in appropriate cases. Rule 11-e. Any person receiving Confidential Information or Highly Confidential Attorneys Eyes-Only Information shall not reveal or discuss such information to or with any person not entitled to receive such information under the terms hereof and shall use reasonable measures to store and maintain the Confidential Information or Highly Confidential Attorneys Eyes-Only Information so as to prevent unauthorized disclosure. I have carefully read and understand the provisions of the Stipulation. Preamble. Courtroom 956 None of the information offered by this site can be used for assessing or evaluating a person's eligibility for employment, housing, insurance, credit, or for any other purpose covered under the Fair Credit Reporting Act. If a document to be annexed to an affidavit or affirmation is voluminous and only discrete portions are relevant to the motion, counsel shall attach excerpts and submit the full exhibit separately. Once a trial date is set, counsel shall immediately determine the availability of witnesses. For the fifth installment of this blogs ongoing Check the Rules series, we feature the individual practice or part rules of the Justices of the Kings County Commercial Division, particularly those recently instituted by Hon. Except as provided in subdivision (e) of this section, failure to file an RJI pursuant to this subdivision precludes a party from seeking assignment of the case to the Commercial Division. (1) Jurisdiction and Judiciary. Extracts and summaries of Confidential Information shall also be treated as confidential in accordance with the provisions of this Stipulation. My present occupation or job description is ______. There shall be no adjournment of a trial except for good cause shown. Alternatively, subject to meeting the jurisdictional and procedural requirements applicable to the Commercial Division and the Federal courts, the parties to a contract may consent to the exclusive jurisdiction of either the Commercial Division of the Supreme Court or the Federal courts in New York State by including such consent in their contract. See Rules for filing guidelines. At the pre-trial conference date, each side shall then mark its exhibits into evidence as to those to which no objection has been made. (g) Rules of practice for the Commercial Division. General Matters Commercial Division Rules: These practices are intended to implement the Commercial Division Rules with which counsel should be fully familiar (Uniform Rules for the New York State Trial Courts, 22 NYCRR 202.70). This sample provision should be construed in a manner that is consistent with governing case law and applicable sections and rules of the Commercial Division Rules, the Uniform Civil Rules, the CPLR, and any other applicable rules and regulations. Lawrence Knipel, does not link to the individual rules for either Justice. Commercial Division, Kings County At the first pre-trial conference, the court will set a firm trial date generally three to five months out as well as a date for the second pre-trial conference. View a directory of Women's Bar Association of New York members. All appearances are virtual unless otherwise specified by the court. Conferences: Friday, 9:30 a.m. The court or the court's law clerks will attempt to address the matter through a telephone conference where possible. Staggered court appearances. (1) The preference in the Commercial Division is for the parties to use categorical designations, where appropriate, to reduce the time and costs associated with preparing privilege logs. The motion to seal should be accompanied by a spreadsheet or chart jointly created by the parties indexing: a) the title of the documents to be sealed; b) the proponent of the request to seal; c) the reason the document should be sealed and/or redacted; and d) any objection to the request together with the basis therefor. Procedure & Practice for the Commercial Division Litigator, Courts continue to refer to federal Racketeering Influenced and Corrupt Organizations Act (RICO) claims as potent weapons that are equivalent to a thermonuclear device in cases involving criminal racketeering activity. Prior to trial, counsel shall furnish to the Court marked pleadings pursuant to CPLR Section 4012. Motions shall be brought on by order to show cause only when there is genuine urgency (. (c) If the Producing Party makes a timely motion to seal, and the motion is granted, the filing Party (or, as appropriate, non-party) shall ensure that all documents (or, if directed by the court, portions of documents) that are the subject of the order to seal are filed in accordance with the procedures that govern the filing of sealed documents on the NYSCEF system. (2) Any party aggrieved by a transfer of a case to a non-commercial part may seek review by letter application (with a copy to all parties) to the administrative judge within 10 days of receipt of the designation of the case to a non-commercial part. PDF Defendants - New York State Unified Court System Exhibits should be submitted in support of all requests for damages. In cases not pending in the court's Filing by Electronic Means System, the court may permit counsel to communicate with the court and each other by e-mail. Proposed Form of Confidentiality Order. . PDF Section 202.70 Rules of the Commercial Division of the Supreme Court Proof of service shall be filed, indicating that all papers and exhibits submitted to the court were served on opposing parties. (5) the right to discovery, except to such discovery as the parties might otherwise agree or as follows: (i) there shall be no more than seven interrogatories and five requests to admit; (ii) absent a showing of good cause, there shall be no more than seven discovery depositions per side with no deposition to exceed seven hours in length. Their rules can be found elsewhere on the NYCOURTS.GOV site, specifically here (Justice Knipel) and here (Justice Ash). A link to a mobile version is provided. Non-Appearance at Conference. The Brooklyn Bar Association offers a lawyer referral service by telephone or online request form, which includes an initial consultation with a lawyer. View the Rules of the Kings County Supreme Court Civil Term, including Supreme Civil Rules, Summary Jury Trial Rules, Foreclosure Auction Rules, and Judges' Part Rules. Commercial Div. Information on future court appearances can be found at the court system's future appearance site (www.nycourts.gov/ecourts). Search and browse the laws of New York State: Consolidated Laws, Unconsolidated Laws, Court Acts, Senate and Assembly Rules, the Constitution of New York, and the New York City Charter and Administrative Code. 202.70 Rules of the Commercial Division of the Supreme Court. Except in cases before justices who require oral argument on all motions, the court will determine, on a case-by-case basis, whether oral argument will be heard and, if so, when counsel shall appear. PDF Local Rules of Court - kings.courts.ca.gov Motions where a hearing or trial on a material factual issue may be particularly useful in disposition of a material part of a case, include, but are not limited to: (a) dispositive motions to dismiss or motions for summary judgment; (b) preliminary injunction motions, including but not limited to those instances where the parties are willing to consent to the hearing being on the merits; (c) spoliation of evidence motions where the issue of spoliation impacts the ultimate outcome of the action; (d) jurisdictional motions where issues, including application of long arm jurisdiction, may be dispositive; In advance of an immediate trial or evidentiary hearing, the parties may request, if necessary, that the court direct limited expedited discovery targeting the factual issue to be tried.