Part A - Papers Show Part B - Preliminary Conference (PC) Rules Part C - Motions In IAS Parts/ Motion Calendar Calls Part D - Note of Issue Part E - Central Compliance Part Rules Part F - General Foreclosure Rules Part G - Foreclosure Settlement Part Rules Part H - Foreclosure Auction Rules Part I - Foreclosure Auction Plan Part J - Commercial Division Rules Part K - Uniform Matrimonial Rules Part L - Condemnation Part Rules Part M - Consolidated Discovery Part Rules Part N - Kings Neutral Evaluation Part Rules The Judges of the Civil Term Supreme Court, in order to promote the efficient and impartial administration of justice, hereby adopt the following common and uniform rules (see Note #1): PART A Papers This rule applies to all Civil Term Parts of the Court. Motions, orders, and other filed papers shall be indexed with protruding tabs. Clerks are required to reject papers that do not have protruding exhibit tabs, except papers in matrimonial cases and papers filed by pro se litigants. Motion papers must be filed with the E-file/Motion Support Office located in Room 227, Ex Parte Office located in Room 295, Foreclosure Part Office located on the 10th Floor, OR in the Guardianship/Mental Hygiene Office located in Room 285 (see Note #2), at 360 Adams Street at least five (5) business days before the return date of the motion. Cross-motions must be filed at least two (2) days before the return date of the motion (see Note #3). Notes 1. Rules pertaining to Matrimonial, Commercial, and Foreclosure Parts are incorporated herein. Where rules in such parts differ from general rules, specialized rules shall govern. 2. These rules do not otherwise control the Guardianship/Mental Hygiene or Condemnation Parts. 3. Room changes may be made upon appropriate notice. PART B Preliminary Conference (PC) Rules
PART C Motions in IAS Parts Motion Calendar Calls
PART D Note of Issue
PART E Central Compliance Part Rules Courtroom 282 NEW CCP RULE EFFECTIVE JUNE 13, 2022 PARTIES WITH A COMPLIANCE CONFERENCE IN CCP MUST SUBMIT AN ORDER ON CONSENT. CASES THAT DO NOT SUBMIT AN ORDER ON CONSENT WITHIN THREE WEEKS OF THE COURT DATE, WILL RECEIVE AN ORDER GENERATED BY THE COURT. NO ADJOURNMENTS EXCEPT IN SPECIAL CIRCUMSTANCES. AT THIS TIME NO VIRTUAL CONFERENCES UNTIL FURTHER NOTICE. MOTIONS ARE DECIDED ON SUBMISSION UNLESS PARTIES SUBMIT AN ORDER RESOLVING THE MOTION(S). NO ADJOURNMENTS ON MOTIONS UNLESS GOOD CAUSE IS SHOWN. Compliance Conferences Conference Calendar Calls Motions Orders Adjournment of Motions
STIPULATIONSd Stipulations will only be accepted to restore a case to either the CCP or Preliminary Conference calendars. Stipulations to extend the note of issue date or summary judgment date WILL NOT be accepted by the court.
PART F General Foreclosure Rules
PART G Foreclosure Settlement Part Rules The purpose of this part is to preserve community housing, preserve banking funds, and help a homeowner avoid the loss of his or her home.
PART H Foreclosure Auction Rules General Surplus Funds
PART I Foreclosure Auction Plan
HISTORICAL BACKGROUND Foreclosure Auctions in Kings County were initially conducted on the courthouse steps. 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. Sales were held on Thursdays at 2:30 PM. Calendars ranged from 50 to 70 properties. The courtroom accommodates 250 people and on many occasions, there was standing room only. AUCTION RULES 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.
PART J Commercial Division Rules General Conferences Motions Orders to Show Cause Trials Alternative Dispute Resolution
PART K Kings County Matrimonial Part Uniform Rules and Protocols During Pandemic Emergency [As of September 8, 2020] These rules apply to all matrimonial actions in Kings County, New York. The Matrimonial Clerk’s office can be reached at or 347-296-1714 Honorable Eric I. Prus - Part 5A - Honorable Delores J. Thomas - Part 5T - Honorable Lorna J. McAllister - Part 5L -
Honorable Theresa M. Ciccotto - Part 5J - Honorable Esther Morgenstern - IDV - Please contact the IDV Part directly for the IDV Part rules. Email Contacts for Matrimonial Referees: Carolyn Genovesi - NOTE: ALL EMAIL COMMUNICATIONS WITH THE COURT MUST BE ON NOTICE TO ALL PARTIES/COUNSEL. THE COURT WILL NOT ACCEPT EX PARTE COMMUNICATIONS. THIS REQUIRES INCLUSION OF ATTORNEYS FOR THE CHILDREN. Emails to Chambers should only be sent during courthouse business hours NOT after courthouse business hours, on weekends, or on holidays. If you are represented by an attorney, you cannot communicate with chambers or the Court directly. The Matrimonial Virtual Scheduling Form (Exhibit C) should be completed at the commencement of the action. Office of Self-Represented Litigants E-Filing
NOTICE: No photography or video or audio recording is permitted during court appearances (virtual or in-person) without express Court permission. Violation of this provision could result in arrest or being held in contempt of Court. Virtual Appearances
Adjournments
In-Person Appearances Temporary Orders of Protection
Court Interpreter Services Alternative Dispute Resolution Automatic Order Ex Parte Applications Request for Judicial Intervention (RJI)
Motions and Orders to Show Cause
Preliminary Conference - Time Specified
Compliance Conference - Time Specified
Pre-Trial Conference - Time Specified
Pre-marking Conference - Time Specified
Trial
Trials, Hearings, and/or Oral Arguments will be held VIRTUALLY unless Prior Approval of the Court. In-camera Interviews
Coordination of In Court Proceedings - Physical Courtroom
Inquests and Stipulations
Forensic Reports and other Confidential Reports
Judgments of Divorce
Post Judgment Applications
Referee Referrals PLEASE NOTE THAT EACH PART MAY HAVE ADDITIONAL INDIVIDUAL PART RULES. EXHIBIT A
EXHIBIT B Introduction: Inquiry as to mediation will be explored pursuant to a screening protocol. 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. Effective July 15, 2020 post-judgment actions relating to parenting time, custody, and/or child support will also be considered eligible for presumptive mediation. Please note that issues related to relocation are not eligible for post-judgment mediation. Mediation: Cases eligible for mediation will meet with a mediator and talk about the concerns that brought them to court to resolve contested issues. The mediator is a trained neutral who conducts the mediation session. 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. A mediator is not a judge and will not decide issues if parties cannot agree. Some mediations may take place with co-mediators or experienced mediators who are professor(s) accompanied by law students. Mediation is voluntary, which means that parties can stop the process at any time; parties also do not have to agree to anything. Mediation is confidential with one of the exceptions being an allegation of child abuse or neglect. Anything said during mediation is not shared with the Judge. Initial Screening: 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). Screening, as the rest of the mediation process, is being conducted virtually. Mediators: If parties wish to select their own mediator, they may do so but must notify the Court’s Case Analyst within 5 court days of the name of the mediator and the date and time of the scheduled mediation. If the parties or counsel fail to provide the information the Case Analyst will designate a mediator. Mediation Sessions and Scheduling: Parties must also contact the court-assigned mediator, if one has already been assigned, to cancel any scheduled session. If either party fails to attend the scheduled mediation or does not provide advance written notice to the mediator that they are not attending a scheduled mediation session, they may incur a fee from the mediator. No mediation of pre or post-judgment financial ancillary issues may occur without the exchange of an affidavit of net worth and the prior year’s tax returns with supporting W-2s, 1099, and K-1 forms (unless waived), which if they have not been provided as required by 22 NYCRR 202.16 at the PC must be completed and exchanged five days prior to the mediation, unless waived. While discovery should continue during the period of mediation, no depositions or financial experts need to be retained or appointed until after the mediation, unless done so on consent or ordered by the Court. 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. However, when credible information concerning child abuse or neglect or seriously threatened harm to anyone comes to the attention of the mediator, they are not required to adhere to the confidentiality restrictions. Under this protocol, a party may not call the mediator as a witness to testify in any other proceeding regarding any aspect of the mediation. The parties shall not require the production in court or in any other proceeding of any records or documents made by the mediator. For further information, you may contact Family Counseling and Case Analyst Natasha Pasternack, LMSW during regular court hours at . EXHIBIT C Matrimonial Virtual Scheduling Form PART L Condemnation Part Rules These local rules supplement Uniform Rule § 202.61 with respect to obtaining Index Numbers for Claims and exchange and Filing of Appraisal Reports in Eminent Domain Proceedings.
PART M CONSOLIDATED DISCOVERY PART RULES* (Effective date: January 1, 2020) (*Does not apply to Matrimonial, Commercial, Guardianship, Condemnation, Foreclosure, and Tax Cert. cases.) NOTE: PLEASE SEE PRE-NOTE DISCOVERY FLOW CHART. 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). 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. The discovery court ordinarily will order compliance with discovery orders during the pendency of pre-note dispositive motions (CPLR §§ 3211, 3212, etc.) unless stayed by the IAS judge. PRE CALENDAR PROCEDURES: Discovery in any action need not involve the court. In cases where the parties are represented by attorneys, those professionals may comply with the CPLR, statutes, and case law to accomplish discovery without input by the court. Where a party is not represented by an attorney, they should consider involving the court from the very beginning. 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. These rules are promulgated by the Chief Judge. Copies of medical records and authorizations shall be served upon all parties at least twenty (20) days before the PC Conference (see 22 NYCRR 202.17 (b)). A Bill of Particulars must be filed before the Preliminary Conference. The parties shall discuss and decide how discovery shall be conducted regarding social media and other forms of electronic discovery. If your firm name is not on the printed calendar or is written onto the calendar, please legibly fill out a notice of appearance, which are located in the front of the courtroom, so that the clerks can update the court’s computer. You must indicate which party you represent or who you are substituting for. INTAKE/PRELIMINARY CONFERENCE (PC) There is one calendar call at 11:00 AM. This is also the default call. Attorneys with appearances elsewhere in the courthouse should advise the clerk of their whereabouts to avoid a default. A PC shall be scheduled within 45 days of filing the RJI. These conferences are co-located in the Central Compliance Part. It is compliance with the PC order that DRIVES the rest of the centralized discovery parts. The filing/purchasing of an RJI will automatically prompt the scheduling of a preliminary conference. A PC Order will be entered on default of any non-appearing party. If no party appears, the case shall be dismissed. An RJI filed with a Bill of Particulars BP attached shall have priority for scheduling a PC. Bill of Particulars (“BP”): 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. The Preliminary Conference is not to be adjourned, even on consent, unless good cause is shown for the adjournment. 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. Discovery & Inspection (“D & I”): Parties shall bring all D&I and responses served prior to the PC. The court may incorporate the D&I/responses into the PC, rule upon the issues, and/or give further directions to the parties. Any motion seeking discovery-related relief filed prior to the PC shall be scheduled concurrently with the PC in the Intake Part. At the PC Conference, a fixed Note of Issue filing date shall be set. It shall be set to a date four (4) weeks prior to the expiration of the Pre Note S&G date. The first Compliance Conference shall be set approximately two weeks after the plaintiff’s scheduled EBT. Plaintiff’s failure to provide the necessary authorizations shall delay their case and may invoke sanctions and/or heightened scrutiny regarding their compliance. Failure to conduct EBT may result in sanctions. Where actions have been consolidated or joined for trial or a late third party has been included, the parties shall bring the order with proof of service and ensure to immediately notify the court and the staff in the discovery parts. CENTRAL COMPLIANCE PART RULES There is one calendar call at 11:00 AM. This is also the default call. Attorneys with appearances elsewhere in the courthouse should advise the clerk of their whereabouts to avoid a default. PROPOSED ORDERS ARE SUBJECT TO CHANGE AND NOT FINAL UNTIL THE JUDGE SIGNS THE ORDER. PARTIES ARE NOT TO LEAVE UNTIL ORDER IS SIGNED. If your firm name is not on the printed calendar or is written onto the calendar, please legibly fill out a Notice of Appearance form so that the clerks can update the court’s computer. These forms are located in the front of the courtroom. You must indicate which party you represent or who you are substituting for. All Parties must be prepared with all their prior discovery orders and they must know their NOI date. Forms are available in the courtroom and may be completed when all parties are present. Parties shall endeavor to resolve their own discovery issues and present the proposed orders to the court attorney/referee reviewing proposed consent orders. Parties appearing must be fully familiar with all discovery issues and all other facets of the case relevant to the issues of discovery. Failing to be prepared when appearing before the judge shall substantially delay the resolution of your issue. The court works until 5 PM and many cases must return for resolution in the afternoon session. Prior to oral argument and decision by the judge, the parties must conference with a court attorney/referee. Adjournments are only based on good cause or documentation of exigent circumstances must be presented. ORDERS ON CONSENT OF THE PARTIES: The Order:
COMPLIANCE CONFERENCES (CC): The time to conclude discovery pursuant to the Chief Judge’s rules is as follows: Expedited cases 8 months, Standard cases 12 months, Complex cases 15 months. It is this timeline that sets the NOI. Discovery scheduled and ordered shall be strictly adhered to, pursuant to part rules. Unjustified failure to comply with the provisions of discovery orders shall result in waiving discovery, preclusion, the striking of a pleading, or imposition of sanctions, as appropriate. A CC shall be scheduled right after the plaintiff’s EBT. If necessary, a second CC shall be scheduled. At the Compliance Conference, a Final Compliance Conference shall be scheduled in a separate Part. Whether complex or standard tracked, the Final Compliance Conference will be approximately six (6) weeks prior to NOI. STIPULATIONS: Cases dismissed for non-appearance may be restored by written stipulation signed by all parties within 30 days of default or by motion. 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. Defective stipulations shall be rejected. Stipulations to extend the note of issue date or summary judgment date WILL NOT be accepted by the court.
MOTIONS: Hard copies are required to be filed for any motions, answering papers, stipulations, etc. for E-filed cases returnable in this Part at least 5 days before return date for main motions, and 2 days for cross-motions. Motions must be accompanied by an affirmation of good faith pursuant to NYCRR 202.7(a), indicating what efforts have been made to resolve the motion. 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. MOTIONS TO EXTEND TIME WITHIN WHICH TO MOVE FOR SUMMARY JUDGMENT: Adjournment of Motions is generally NOT granted. Appearances and oral argument are required on all motions. Motions shall be heard/argued on the return date, and are only adjourned upon good cause. Parties must have filed and serve opposition in a timely manner and be prepared to have their motions advanced to an earlier conference date. If all parties are not present, a default order shall be proposed/issued. An application may be made by the party(ies) present at the default calendar call at 11:45 AM. ORDERS: Any order granted on default must be served on all defaulting parties within seven (7) days of the order. If all parties served with the motion are present, they may enter into a proposed consent order. Proposed orders should include all outstanding discovery, or indicate that discovery is complete. Rules for “consent orders” are posted in CCP AND ABOVE. FINAL CONFERENCE PART (FCP) room 277: “NEW FCP RULE EFFECTIVE JANUARY 25, 2022: Part opens at 9:30 AM, default calendar call at 12:15 PM. Appearance is mandatory. Approximately six weeks before the NOI date, the court will schedule an appearance in the Final Conference Part (FCP) to ensure discovery is on track. This appearance is not generated or applicable to City or TA cases. If there remains any outstanding discovery, it shall be completed prior to the Note of Issue date. Note of Issue will not be extended in FCP. Parties must formally and timely preserve their rights (after reasonable and timely good faith efforts) to ensure compliance with all discovery orders. When a party defaults:
*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 of all parties and deeming all discovery waived. *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. Cases ready to file NOI:
Cases with outstanding discovery:
*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. *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 party’s discovery demands waived. FINAL CONFERENCE PART Effective August 16, 2021, failure to submit an order memorializing an FCP conference that was held with a Referee, the case shall be dismissed if three (3) weeks have elapsed and the court is not in receipt of the requested order. Parties may not stipulate to vacate any FCP order issued on default. Formal application (Motion/OSC) must be made. All parties must present a hard copy of all prior discovery orders (PC, CCP, FCP). All parties must present with knowledge of all outstanding discovery due and owing. Parties must formally preserve their rights at all times (i.e., timely make a motion for outstanding paper discovery, authorizations, EBTs after reasonable and timely good faith efforts), to ensure compliance with court orders. Settlement: To have a case mark settled, PLAINTIFF:
KINGS COUNTY CITY AND TA CONSOLIDATED DISCOVERY PROCEDURES* (Effective date: January 1, 2020) (*Does not apply to Matrimonial, Commercial, Guardianship, NOTE: PLEASE SEE PRE-NOTE DISCOVERY FLOW CHART. NOTICE: Appearance is Mandatory in all City & TA Consolidated Discovery Parts: Intake/PC (rm 296), CCP (Central Compliance Part, rm 296), Motions (rm 296). 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. The discovery court ordinarily will order compliance with discovery orders during the pendency of pre-note dispositive motions (CPLR §§ 3211, 3212, etc.) unless stayed by the IAS judge. PRE CALENDAR PROCEDURES: Discovery in any action need not involve the court. In cases where the parties are represented by attorneys, those professionals may comply with the CPLR, Statues, and case law to accomplish discovery without input by the court. Where a party is not represented by an attorney they should consider involving the court from the very beginning. 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. These rules are promulgated by the Chief Judge. Copies of medical records and authorizations shall be served upon all parties at least twenty (20) days before the PC Conference (see 22 NYCRR 202.17 (b)). A Bill of Particulars must be filed before the Preliminary Conference, failure to do so shall cause the action to be dismissed at the PC conference. The parties shall discuss and decide how discovery shall be conducted regarding social media and other forms of electronic discovery (emails, documents, social media, etc.). CITY & TA CENTRAL COMPLIANCE PART RULES There is one calendar call at 11:30 AM. This is also the default call. Attorneys who have NOT submitted a proposed order before the calendar call must be present for the call to avoid a default. PROPOSED ORDERS ARE SUBJECT TO CHANGE AND NOT FINAL UNTIL THE JUDGE SIGNS THE ORDER. PARTIES ARE NOT TO LEAVE UNTIL ORDER IS SIGNED. Forms are available in the courtroom and may be completed when all parties are present. Parties shall endeavor to resolve their own discovery issues and present the proposed orders to the court attorney/referee reviewing proposed consent orders. Parties appearing must be fully familiar with all discovery issues and all other facets of the case relevant to the issues of discovery. Failing to be prepared when appearing before the judge shall substantially delay the resolution of your issue. The court works until 5 pm and many cases must return for resolution in the afternoon session. Prior to resolution by the judge, the parties must conference with a court attorney/referee. Adjournments are only based on good cause or documentation of exigent circumstances must be presented. INTAKE/PRELIMINARY CONFERENCE (PC) The filing/purchasing of an RJI will automatically prompt the scheduling of a preliminary conference. An RJI filed with a Bill of Particulars BP attached shall have priority for scheduling a PC. 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. Preliminary Conference is not to be adjourned, even on consent, unless good cause is shown for the adjournment. 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. A PC Order will be entered on default of any non-appearing party. If no party appears, the case shall be dismissed. Parties shall bring all D&I and responses served prior to the PC. The court may incorporate the D&I/responses into the PC, rule upon the issues, and/or give further directions to the parties. 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”. Any motion seeking discovery-related relief filed prior to the PC shall be scheduled concurrently and may be included with the PC, in the Intake Part. 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. The City/TA shall bring a copy of their motion with exhibits to the PC/CC for the discovery judge to review. At the PC Conference, a fixed Note of Issue filing date shall be set. It shall be set to a date four (4) weeks prior to the expiration of the Pre-Note S&G date. The first Compliance Conference shall be set shortly after the plaintiff’s scheduled EBT. Plaintiff’s failure to provide the necessary authorizations shall delay their case and may invoke sanctions. Failure to conduct EBT may result in sanctions. Where actions have been consolidated or joined for trial or a late third party has been included, the parties shall bring the order with proof of service and ensure to immediately notify the court and the staff in the discovery parts. COMPLIANCE CONFERENCES (CC): The time to conclude discovery pursuant to the Chief Judge’s rules is as follows: Discovery scheduled and ordered shall be strictly adhered to and may not be extended without just cause, pursuant to part rules*. Unjustified failure to comply with the provisions of discovery orders shall result in waiving discovery, preclusion, the striking of a pleading, or imposition of sanctions, as appropriate. A CC shall be scheduled right after the plaintiff’s EBT. If necessary, a second CC shall be scheduled. At the 2nd Compliance Conference, a Final Compliance Conference shall be scheduled. Whether complex or standard tracked, the Final Compliance Conference will be approximately six (6) weeks prior to the NOI. Where actions have been consolidated or joined for trial or a late third party has been included, the parties shall bring the order with proof of service and ensure to immediately notify the court and the staff in the discovery parts. FINAL COMPLIANCE CONFERENCE: If there remains any outstanding discovery, it shall be completed prior to the Note of Issue date. When a party defaults:
*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 of all parties and deeming all discovery waived. *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. Once a Final Conference is held, the case is given a NINA-C date. This is a non-appearance control date to ensure compliance with the final conference order. File your NOI or your motion PRIOR TO THE NINA-C date. MOTIONS: 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. Hard copies are required to be filed for any motions, answering papers, stipulations, etc. for E-filed cases returnable in this Part at least 5 days before return date for main motions, and 2 days for cross-motions. Motions must be accompanied by an affirmation of good faith pursuant to NYCRR 202.7(a), indicating what efforts have been made to resolve the motion. MOTIONS TO EXTEND TIME WITHIN WHICH TO MOVE FOR SUMMARY
JUDGMENT: Adjournment of Motions is generally NOT granted. Appearances and oral argument is required on all motions. Motions shall be heard/argued on the return date, and are only adjourned upon good cause. Parties must have opposition in a timely manner and be prepared to have their motions advanced to an earlier conference date. If all parties are not present, a default order shall be proposed/issued. An application may be made by the party(ies) present at the default calendar call at 12:00 noon. ORDERS: Any order granted on default must be served on all defaulting parties within seven (7) days of the order. If all parties served with the motion are present, they may enter into a proposed consent order. Proposed orders should include all outstanding discovery, or indicate that discovery is complete. STIPULATIONS: Stipulations to extend the note of issue date or summary judgment date WILL NOT be accepted by the court.
PART N Kings Neutral Evaluation Part KINGS NEUTRAL EVALUATION PROGRAM Civil cases pending in Kings County Supreme Court may be referred to the Kings Neutral Evaluation Program (KNEP). KNEP is a non-binding, confidential process in which a neutral evaluator hears informal presentations by attorneys and evaluates the merits of the case. The neutral evaluation process is intended to aid the parties in reaching a settlement. Cases are assigned to KNEP post Note of Issue. Excluded from the pilot program are: matrimonial; commercial; City and Transit cases; cases on the complex discovery track, and cases in which a party is self-represented.
Sanctions and/or costs may be imposed for failure to comply with the rules set forth herein.
What are the uniform guidelines?The Uniform Guidelines document a uniform federal position in the area of prohibiting discrimination in employment practices on the basis of race, color, religion, sex, or national origin.
What does the uniform Guidelines on Employee Selection Procedures cover?The Uniform Guidelines on Employee Selection Procedures describe the federal government's position on how tests should be used in making employment decisions which are consistent with federal equal employment opportunity (EEO) laws.
Which one of the following requires employers to make reasonable accommodations for disabled employees?The Americans with Disabilities Act ( ADA ) requires an employer with 15 or more employees to provide reasonable accommodation for individuals with disabilities, unless it would cause undue hardship.
Who created the uniform Guidelines on Employee Selection Procedures?In 1978, the EEOC adopted the Uniform Guidelines on Employee Selection Procedures or “UGESP” under Title VII. See 29 C.F.R. Part 1607. UGESP provided uniform guidance for employers about how to determine if their tests and selection procedures were lawful for purposes of Title VII disparate impact theory.
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