CIVIL COURT APPEARANCES

In recent years, numerous administrative rules have been instituted in NYC Civil Court. The various parts in Civil Queens are reviewed below.

MOTIONS:

Note: The different motion parts are distinguished by the type of motion and whether the parties are represented by counsel or if a party is pro se. Motions returnable in the wrong part are stricken from the calendar. All responsive papers must be handed to the Court at the call of the calendar on the return date or adjourned date of the motion. Do not submit original papers by mail to the Court.

Special Term Part I, Room 102

Part 32: This calendar deals with summary judgment motions where parties are
represented by counsel. The Court will generally grant one adjournment the first time on, and set forth a schedule for service of responsive papers, which is strictly enforced. The adjourned date is a final date. Some judges take oral argument on summary judgment motions, some do not. Motions with pro-se adversaries are always conferenced.

Part 30: This calendar deals with discovery motions, motions to restore, orders to show cause to vacate a judgment, motions to change the caption, as well as all other motions that do not involve summary judgment, where parties are represented by counsel. These motions are expected to be resolved by stipulation. The Court does not permit adjournment of these motions. When we cover these, it is helpful to have stipulation parameters. It is also helpful to have opposition papers to submit in the event that a stipulation cannot be reached.

Part 34: This calendar is for cases where one party is pro-se. This part will deal with discovery motions, orders to show cause to vacate judgments, motions to restore, orders to show cause to be relieved as counsel, turnover petitions, motions to enter default judgments, as well as any other motion that does not deal with summary judgment.

Part 35: This motion part deals with summary judgment motions where one party is pro se.

Part 39: This is a hearing calendar. Traverse and turnover hearings, as well as
other hearings are placed on this calendar.

No Fault Cases, Part 40 & 41, Room 308

In 2004, Court rules were issued designating a new courtroom and part for motions involving no fault cases. This was due to the explosion of no fault cases being filed in the last few years.

Part 40: Discovery motions, motions to sever, and other motions not involving
summary judgment in a no fault case. There are no adjournments of Part 40 motions, as they are expected to be resolved by Stipulation.

Part 41: Summary judgment motions involving no fault cases. The Court will grant
one adjournment the first time on, and set forth a schedule for service of responsive papers, which is strictly enforced. The adjourned date is a final date where the motion is orally argued or conferenced with the Law Secretary, depending on which Judge is presiding.

TRIAL CONFERENCES
Trial conferences are held in two places in Queens Civil Court. Actions started in Queens Civil Court are heard in room 101. Cases that have been transferred from Supreme Court (325(d)) are heard in room 404, Part 20.

Room 101

Part 5: Cases where all parties are represented by counsel and have asked for
a jury trial.

Part 11: All cases where one party is pro-se. These cases are conferenced once, and
if the matter does not settle, it is adjourned for trial and marked final. If
a defendant fails to appear by second call of the calendar, the matter is
marked Inquest Clerk if the complaint if for a sum certain.

Part 12: This is the inquest calendar. There is only one call of this calendar at
9:30am.

Part 15: Non-jury cases where all parties are represented by counsel.

Part 15N: This is the No-Fault trial calendar. There is only one call of this calendar at
10:00 a.m. Cases under $3,000.00 are final first time on. Cases over $3,000.00 are usually granted one final adjournment.

Part 52: Commercial Landlord & Tenant Calendar

Infant’s Compromise Hearings: We will meet the clients in Court and conduct a hearing before a Judge. The Infant’s Compromise Order must be accurate, complete and have a current doctor’s affidavit attached. A full copy of the Infant’s Compromise Order must be faxed to us the day before the appearance.

Small Claims Calendar: This is for the daytime calendar for Small Claims Court.

For cases we cover in the above parts, we request you to send us documentation regarding what the case is about and what the settlement authority is. In order for us to effectively conference your case, we need to be prepared to discuss the case.

Room 404, 325(D) Cases

Part 20: Cases that have been transferred from Supreme Court to Civil Court via
CPLR 325(D) will be conferenced here.

Note: Judge Weinstein expects a conference by attorneys with knowledge of the case and settlement authority. We therefore request a bill of particulars, police report (if applicable), demand and settlement authority. Generally, if settlement appears hopeless, Judge Weinstein will adjourn the case for a final trial date. These are firm trial dates and are very difficult to adjourn further.

2:00pm Status Conferences

In the afternoon, judges have been assigned to handle 325(D) cases where the note of issue/ notice of trial has not been filed. The purpose is to move the cases faster so they can be placed on the Part 20 trial calendar. The Court will conference these cases and try to resolve any discovery issues and set a firm date for the filing of the notice of trial
 

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Last modified: June 21, 2009