Hon. Alison Tuitt — Part IA-5 Rules

STATE OF NEW YORK

UNIFIED COURT SYSTEM

TWELFTH JUDICIAL DISTRICT

SUPREME COURT, CIVIL DIVISION

851 GRAND CONCOURSE

BRONX, NEW YORK 10451

HON. ALISON Y. TUITT

Justice of the Supreme Court

PART 5 RULES

COURTROOM 415

(718) 618-1224

BxSupCiv-IA5@nycourts.gov

Quandalasha Fambro, Esq., Principal Court Attorney

Bernice McNeil, Confidential Secretary

Jordan Toomer, Senior Court Clerk

I. Communications

All inquiries concerning scheduling, appearances, adjournments, and case status shall be directed

to the Part Clerk (BxSupCiv-IA5@nycourts.gov). Parties may not telephone Chambers or the

Part.

The only inquiries that should be made directly to Chambers or the Part should be those

involving the immediate and substantive exercise of judicial discretion.

Please note that all letters and communications to the Court must be filed on NYSCEF AND

emailed to the Part Clerk (BxSupCiv-IA5@nycourts.gov).

II. Motion Procedure

All motions shall be filed exclusively via NYSCEF and no working copies necessary unless

requested by the Court.

1. Adjournments

To extend the time to move, and to adjourn a motion, parties must request permission from the

Court by submitting a letter through NYSCEF AND emailing a courtesy copy to the Court at

BxSupCiv-IA5@nycourts.gov. The letter must state the reason for the extension, the new filing

date, and whether all the parties agree to the extension. If the extension is granted, the Court will

provide a written response stating same.

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All parties seeking or filing a request for adjournment must ensure that such request is made in a

timely manner AND has been granted prior to the scheduled date in order to avoid a default

determination being entered. All requests for adjournments must be made in writing, oral

applications will not be entertained. NO EXCEPTIONS.

2. Discovery Motions

To the maximum extent possible, discovery disputes should be resolved through informal

procedures, such as conferences, as opposed to motion practice (22 NYCRR 202.20-f [a]).

Parties shall request a Discovery Conference with the Court AND a Motion Scheduling

Order BEFORE the filing of any discovery-related motion (BxSupCiv-IA5@nycourts.gov).

Where motion practice cannot be avoided, parties are reminded:

a. All discovery-related conferences will be heard in person without exception.

b. Discovery-related motions made prior to the Motion Scheduling Order being issued will be

denied.

c. The Court requires strict adherence to 22 NYCRR §§ 202.7(a)(2), and 202.20-f. Section

202.20-f provides, in pertinent part:

“In the event that a discovery dispute cannot be resolved other than through motion

practice, each such discovery motion shall be supported by an affidavit or affirmation

from counsel attesting to counsel having conducted an in-person or telephonic

conference, setting forth the date and time of such conference, persons participating,

and the length of time of the conference”

Failure to adhere to either section will result in denial of the motion, without prejudice to renew

on proper papers.

3. Summary Judgment Motions

All motions for summary judgment must be filed no later than 120 days following the filing

of the Note of Issue. The Court does not require submission of a Statement of Material Facts.

4. Orders to Show Cause

As with all matters, Orders to Show Cause must comply with Uniform Rule 202.7(d) and be

brought to the clerk’s office (Room 103) prior to judicial review, signature and fixing a return

date. Appearance is thus required, no exceptions.

III. Oral Arguments

There are NO SUBMITTED MOTIONS IN THIS PART, AND ALL MOTIONS WITHOUT

EXCEPTION MUST BE ORALLY ARGUED.

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Movants on Motions and Orders to Show Cause that fail to appear for oral argument will be

summarily denied for failure to appear. No exceptions.

All parties appearing on a motion must have familiarity with the case and the moving papers

sufficient to engage in substantive oral argument on the issues raised in the motion papers.

IV. Conferences

Parties may not unilaterally stipulate to adjourn any conference, and failure to appear will

result in default (22 NYCRR 202.27). Defaults will only be vacated on motion. The Court

will not entertain any stipulations or correspondence related to vacating a default for

failure to appear. Counsel are reminded to keep current their NYSCEF appearances and

email addresses.

1. Preliminary Conferences (In- Person)

Upon filing the Request for Judicial Intervention and a Request for a Preliminary Conference, a

Preliminary Conference will automatically be scheduled. Preliminary Conferences are conducted

in person unless the Court directs otherwise. A Preliminary Conference Order will be generated

at the conference. Parties shall strictly comply with discovery obligations by the dates set forth in

the Preliminary Conference Order (22 NYCRR 202.20-e). Extensions of deadlines set forth in

the Preliminary Conference Order must be requested at a Compliance Conference and will only

be granted upon a showing of good cause. If 45 days have elapsed and a PC has not been

scheduled, contact BxSupCiv-IA5@nycourts.gov

2. Compliance Conferences (In- Person)

The Preliminary Conference Order will provide an initial Compliance Conference date.

Thereafter, any party may request a Compliance Conference by writing to BxSupCiv-

IA5@nycourts.gov. Compliance conferences are conducted in person unless the Court directs

otherwise. Counsel for all parties shall consult prior to the conference (22 NYCRR 202.11).

V. Infant Compromise

An Infant Compromise Order (ICO) is required to settle or otherwise discontinue the claims of

an infant plaintiff. ICO applications are governed by CPLR §§ 1207 and 1208, Judiciary Law §

474, and Uniform Rule 202.67. If an ICO application does not strictly comply with the

requirements set forth in these provisions, approval of the ICO will be delayed until full

compliance is reached through additional or amended submissions.

Parties will be advised of the hearing date by Chambers Staff or the Part Clerk.

The infant’s appearance will not be waived. Plaintiff’s counsel must make all arrangements to

have the infant and parent/natural guardian appear. ICO hearings are inperson absent exigent

circumstances. Proof of identity of the guardian appearing at the hearing must be furnished to the

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Court on the date of the hearing. If an ICO hearing has not been scheduled within 60 days from

submission, contact BxSupCiv-IA35@nycourts.gov

VI. Pre-Trial Conferences

Pre-trial conferences will automatically be scheduled 60 days after the filing of the Note of Issue.

All pre-trial conferences are handled by the Court as a settlement conference. Cases will not be

released to the Trial Assignment Part (“TAP”) without earnest discussions of settlement.

Where a matter appears to not be ready for trial, the Note of Issue will be stricken sua sponte if

there is a misstatement in the certificate of readiness (e.g., the parties are still engaged in

discovery).

All attorneys appearing before the Court must be fully familiar with the facts and issues

involved in the action and have full authority to enter into a binding stipulation of

settlement on behalf of their client(s). Counsel should also know the status and amounts of any

liens and/or litigation funding agreements. The Court has broad discretion to order the immediate

trial of any post-note of issue case assigned to it and will exercise this discretion where parties do

not participate in settlement talks in good faith.

VII. Trials

Trials are assigned to Part 5 under the direction of the Trial Assignment Part (TAP). When TAP

assigns a trial to Part 5, it does so by order that the parties and their witnesses are ready for trial

from the time of assignment through the conclusion of the trial. Thus, the Court will not entertain

applications for adjournment once TAP has made the assignment. Accordingly, all attorneys,

parties, and witnesses shall be ready to proceed with trial on the assignment date and to continue

day-to-day until verdict.

Upon the date of assignment, the parties shall furnish:

1. A list of proposed witnesses, including the need for any interpreters, with the required

language and dialect.

2. All marked pleadings and bills of particulars.

3. Two business cards from each attorney with cell phone numbers.

4. All in limine motions. Motions in limine must be presented in writing. No further

adjournments will be given for in limine motions absent good cause.

5. Any motion or application must include citations to relevant authority.

6. After jury selection, parties shall have the court stenographer pre-mark all exhibits for

identification (or evidence if without objection) and furnish an exhibit list.

7. A redacted copy of all evidence subject to redactions.

Trials are held every day except Monday. The Court will set a date certain for the submission of

proposed verdict sheets and requests to charge.

These Rules remain in effect until further notice.

Revised March 2026

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