Civil Court

 

CIVIL COURT APPEARANCES

Civil Court recently combined the motion and pre-trial conferences on consumer debt cases in one Room.  Thus, the Part 11-C (pre-trial conferences) and motions on consumer debt cases are in the same Room.

 

Motions and trial conferences on other Civil cases are broken down as noted below.

Part 32: This calendar deals with dispositive 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. 

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 - We do not cover these but we have affiliations with numerous attorneys who only handle no-fault matters. 

TRIAL CONFERENCES

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

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.


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

Note: The Court expects a conference by attorneys with knowledge of the case and settlement authority. We therefore request a bill of particulars, a summary of liability and injuries, a demand and settlement authority, and a contact person.  If settlement cannot be accomplished, depending on the circumstances the Court will adjourn the case for either a further conference or for a final trial date.  Trial dates are firm and are very difficult to adjourn further.