Preliminary Conference: Sets initial Court-Ordered discovery schedule. Court Rules require the conference to be held within 45 days after the filing of the RJI. One 2-week adjournment can be granted initially. The 2^nd time the conference is on, it will be held, even if all parties are not present.

To cover a Preliminary Conference, we require a Bill of Particulars and any special instructions regarding discovery and deposition dates.

Compliance Conference: Compliance Conferences in Queens CANNOT be adjourned. These are unlike "certification conferences" in other Counties.  A final discovery schedule is set in the Compliance Conference Order. Any outstanding discovery issues not addressed in the Compliance Conference Order will be deemed waived. Any pending discovery motions will be resolved at the Compliance Conference. In addition, cases are evaluated for potential transfer to Civil Court  pursuant to CPLR sec. 325(d).

To cover a Compliance Conference, we require:

From Plaintiff’s counsel: B/P; PC Order; status of discovery and settlement demand (if MVA, a copy of the Police Accident Report)

From Defense counsel: Plaintiff’s B/P; PC Order; status of discovery; name of carrier, if any; policy limits; adjuster; and settlement authority, if any. (If MVA, copy of Police Accident Report)

Pre-Trial Conference: Conferences with Referee Leonard Florio approximately 4 months after the Note of Issue is filed.  Outstanding discovery issues are addressed, if any, and a FINAL trial date is assigned for approximately 4 months following the conference.  The Rules for this Part can be faxed upon request. 

TSP (Trial Scheduling Part): Cases are conferenced for settlement purposes. If the matter cannot be resolved after one or two conferences, a firm trial date will be assigned.

To cover a TSP case, we require a copy of the B/P and a settlement demand/offer.  On cases which were previously adjourned and marked "Final", we cannot cover as Judge Schulman does not permit Per Diem attorneys to appear on "Final" cases. 

Motions: All discovery related motions, or requests for an adjournment, in Queens require an appearance.

The initial Notice of Motion is filed in Room 140 with Motion Support. All subsequent papers (Opposition, Reply and Cross-Motions) must be submitted at the call of the calendar on the return or adjourned date. NOTE: Cross-Motions must be paid for ($45) in the County Clerk’s Office and stamped by the County Clerk, before the return date, otherwise they will not be accepted by the Court.

Petitions to Stay Arbitration: This is a specialized form of motion practice, generally involving U/M and underinsurance issues. Currently this Part is assigned to Justice Jaime Rios. To cover a Petition to Stay, we require a copy of the Petition to Stay and any answering papers. Please advise if you require an adjournment or if all papers may be submitted to the Court. Many of these motions are marked fully submitted and result in the scheduling of a Framed Issue Hearing to adduce evidence as to the issues raised in the papers.

Framed Issue Hearing: This is a hearing before the Court, on the record, where evidence is presented on issues raised in the underlying Petition to Stay, including testimony of parties. To cover a Framed Issue Hearing we require a copy of the underlying Petition to Stay, any answering papers, and the Order scheduling the Hearing.

Infant’s Compromise Hearing: This is a a proceeding where the Judge interviews the minor and the parent(s) relative to a settlement obtained on behalf of the infant to determine if the settlement adequately compensates the infant. To cover an Infant’s Compromise Hearing we require a complete copy of the Petition and supporting papers, and the proposed Infant’s Compromise Order. In addition, please be sure that the client has chosen SAVINGS bank in Queens in which to deposit the settlement proceeds.

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Last modified: June 21, 2009