Hon. Mary Ann Brigantti — Part IA-25 Rules

HON. MARY ANN BRIGANTTI, J.S.C.

Part Rules

Part IA-25 (Revised August 2025).

851 Grand Concourse, Bronx, NY 10451, Courtroom 407

Part Clerk

(718) 618-1252

I. GENERAL RULES

1. Communications with Chambers

Under no circumstances will ex parte communications be accepted.

Telephone calls to Chambers are permitted only in emergency situations requiring

immediate attention. If a call is not answered, leave a voicemail message with your name,

telephone number, email address, index number, and a short explanation of the issue, and chambers

will return your call as soon as possible.

Any letters or emails sent to the Court shall copy all parties to the case, and if applicable,

be e-filed.

2. Appearance by Counsel with Knowledge and Authority

Counsel appearing before the court must be familiar with the case with regard to which

they appear and be fully prepared and authorized to discuss and resolve the issues which are

scheduled to be the subject of the appearance. It is important that Counsel be on time for all

scheduled appearances, remote or otherwise.

In addition, all Counsel, at any stage of the case, must be prepared for settlement

discussions and have their client or adjuster “on call” by telephone.

Failure to comply with this rule may be treated as a default for purposes of Rule

202.27 and/or may be treated as a failure to appear for purposes of Rule 130.2.1. (See Section

202.1 Uniform Civil Rules for the Supreme Court and the County Court [subdivisions (f) and(g)]).

Attorneys or Pro se parties must check in with the Part Clerk when they enter the

Courtroom. Calendars are posted the night before the conference outside the Courtroom. If a party

leaves the Courtroom, for however long, the party must write their contact information, including

cell phone number, on the paper calendar outside the Courtroom or leave such information with

the clerk.

3. Settlements and Discontinuances

If an action is settled, discontinued, or otherwise disposed of, counsel shall immediately

inform the assigned judge or court part by submission of a copy of the stipulation or a letter directed

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to the clerk of the part along with notice to the chambers of this Part via email (at

enewcomb@nycourts.gov; cchambless@nycourts.gov and bxsupciv-IA25@nycourts.gov). This

notification shall be made in addition to the filing of a stipulation with the county clerk.

Counsel, including self-represented litigants, are under a continuing obligation to notify

the court as promptly as possible in the event that an action is settled, discontinued or otherwise

disposed of, if a case or motion has become wholly or partially moot, or if a party has died or filed

a petition in bankruptcy. Such notification shall be made to this Part in writing within two weeks

of said event or earlier. (Section 202.28 Discontinuance of Civil Actions and Notice to the Court).

4. Electronic Submission of Papers

Papers and correspondence filed by fax shall comply with the requirements of section 202.5

except that papers shall not be submitted to the court by fax without advance approval of this Part.

Papers and correspondence sent by fax or submitted electronically should not be followed by

hard copy unless requested.

In cases not pending in the court’s Filing by Electronic Means System, the court may permit

counsel to communicate with the court and each other by e-mail. Papers and correspondence filed

by fax shall comply with the requirements of section 202.5 except that papers shall not be

submitted to the court by fax without advance approval of the justice assigned. In the court's

discretion, counsel maybe requested to submit memoranda of law by e-mail or by other electronic

means, such as by a computer flash drive, along with an original and courtesy copy. (Section 202.5-

a of the Uniform Civil Rules for the Supreme Court and the County Court subsection [a] and [b]).

5. Form of Papers

Do not submit a hard copy of papers filed in an electronically filed case. The party

filing the first paper in an action, upon payment of the proper fee, shall obtain from the county

clerk an index number, which shall be affixed to the paper. The party causing the first paper to be

filed shall communicate in writing the county clerk’s index number forthwith to all other parties

to the action. Thereafter such number shall appear on the outside cover and first page to the right

of the caption of every paper tendered for filing in the action. Each such cover and first page also

shall contain an indication of the county of venue,a brief description of the nature of the paper and,

where the case has been assigned to an individual judge, shall contain the name of the assigned

judge to the right of the caption. In addition to complying with the provisions of CPLR 2101, every

paper filed in court shall have annexed thereto appropriate proof of service on all parties where

required, and if typewritten, shall have at least double space between each line, except for

quotations and the names and addresses of attorneys appearing in the action, and shall have at least

one-inch margins. In addition, every paper filed in court, other than an exhibit or printed form,

shall contain writing on one side only, except that papers that are fastened on the side may contain

writing on both sides, and shall contain print no smaller than 12-point, or 8 ½ x 11-inch paper,

bearing margins no smaller than one inch. The print size of footnotes shall be no smaller than 10

point. Papers that are stapled or bound securely shall not be rejected for filing simply because they

are not bound with a backer of any kind.

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Each electronically submitted memorandum of law, affidavit and affirmation, exceeding

4500 words, shall include bookmarks providing a listing of the document’s contents and

facilitating easy navigation by the reader within the document (see Subdivision (a) of section

202.5of the Uniform Civil Rules for the Supreme Court and the County Court).

6. Information on Cases

All inquiries as to case or calendar status should, in the first instance, be made to the

appropriate clerk’s office: IAS Motion Support Office, Room 217 (ext. 1310). The Part Clerk can

also provide information about scheduling of cases (conferences and argument of motions) in the

Part (ext. 1252).

7. Availability of Decisions and Orders

All decisions and orders (including discovery orders and stipulations) are scanned and

available on the Internet (NYSCEF or Bronx County Clerk). Do not call to ask whether a

decision has been issued.

8. Remote appearances via Microsoft Teams

Microsoft Teams is an audio video communication and cooperative platform that the

Courts use for their conferences. Microsoft Teams has many features conducive to having an

informative session, for example break out rooms for private settlement discussions and a shared

screen feature to present and enlarge pdfs, photos, and other documents for all parties to view. The

download is free. The training is available in the virtual court resource center at the NY court portal

website. Take advantage of this resource. For more information, please visit nycourts.gov/appear.

In the event that a conference is scheduled by the Court, please be aware of the following

requirements. First, all parties are required to appear for the conference unless specifically

excused by the Court (Section 202.23[b]). Tardiness may result in a default. In order for the

Court to be able to address any and all matters of concern to the court and in order for the court to

avoid the appearance of holding ex parte communications with one or more parties in the case,

even those parties who believe that they are not directly involved in the matter before the court

must appear at the appointed date and time assigned by the court unless specifically excused by

the court. Second, each attorney who receives notification of an appearance on a specific date

and time is responsible for notifying all other parties by e-mail that the matter is scheduled to be

heard on that assigned date and time (Section 202.23[c]). Finally, requests for adjournments shall

be transmitted in writing to the Court and to all parties no later than 48 hours before the conference

and shall set forth whether the other parties consent to the adjournment (Section 202.23[d]).

Proper Courtroom attire is required for all participants of remote appearances. Prior to the

conference, please make sure that you are in a quiet, office-like environment—NOT a motor

vehicle—have access to your computer and case file, and your camera and microphones are in

working order. It is best if the Judge can see all parties and for the parties to see one another. If

you are not speaking, please mute yourself. Finally, please make sure that your equipment does

not produce an echo.

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9. Settlement Conferences

At any time during the pendency of an action, as long as all parties sign a Stipulation

requesting a settlement conference, the Court will be available to facilitate settlement conferences.

Any such request must be emailed to enewcomb@nycourts.gov, cchambless@nycourts.gov and

bxsupciv-IA25@nycourts.gov and filed by letter on NYSCEF.

All attorneys appearing at conferences must be fully prepared to proceed and be familiar

with the facts of the proceedings. If another attorney is appearing for the attorney of record, they

must have authority to settle on behalf of the client. The parties should be “on call” or available to

their attorneys, on the date of the settlement conference.

10. Pre-Trial Conference

After the NOI has been filed, and there has been no summary judgments filed pursuant to

the rules herein, a pre-trial IN PERSON conference will be scheduled by and with the Court. If a

party does not appear at the Pre-trial conference, the Court may take appropriate action pursuant

to 22 NYCRR 202.27, which may include dismissal of the matter or granting judgment by default.

At the pre-trial conference the Court will facilitate a discussion as to settlement of the case.

If summary judgment motions are fully submitted, then parties should be prepared to argue

the motion. Parties are expected to appear when there is a pending summary judgment motion. No

adjournments will be granted for conferences unless good cause is shown.

The parties shall also be aware during negotiations as to other options for resolutions of

the litigation such as Summary Jury Trial, bench trials or ADR and be able to discuss these options

with the Court.

Counsel appearing before the court must be in compliance with paragraph 2 of

section I of these rules regarding appearances before the court. Failure to comply with this

rule may be treated as a default for purposes of Rule 202.27 and/or may be treated as a

failure to appear for purposes of Rule 130-2.1.

11. Infant Compromise Orders

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 22 NYCRR 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.

Where an action has already been initiated by the filing of a Summons and Complaint, an

ICO should be sought through an ex parte application filed to NYSCEF using the label “Infant

Compromise Order (Proposed).” Where no action has yet been initiated, the ICO should instead

accompany the filing of a petition initiating a special proceeding.

The infant’s full name (other than initials) and date of birth (other than year) shall be

redacted in all e-filed documents.

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To avoid delay and ensure that all required documentation is submitted, counsel or

unrepresented litigants shall utilize an Infant Compromise Order checklist, uploaded to the New

York Courts website and found in Room 217, before submitting a proposed ICO. Proposed ICOs

without the required documentation will delay processing and may eventually be rejected.

All ICO applications must be supported with the following documents:

A. Proposed ICO. The proposed ICO shall provide (i) the name and address of

a savings bank (as opposed to a commercial bank) in Bronx County in which the settlement funds

will be deposited; (ii) whether the attorney is waiving expenses/disbursements or the Attorney’s

fee is inclusive of the expenses/disbursements.

B. Attorney Affirmation. To the extent not mandated by CPLR 1208 and

section 202.67, the affirmation shall also provide (i) an itemized list of the expenses/disbursements

that are not waived or inclusive of the attorney’s fee; (ii) the amount of available insurance,

including excess insurance; (iii) whether there are any applicable liens and their amount; and (iv)

whether the guardian or others involved in the accident received settlements and, if so, the others’

injuries and the amount paid to each.

C. Guardian Affidavit. To the extent not already mandated by CPLR 1208(a)

and Uniform Rule 202.67(b), the guardian affidavit must also: (1) state the guardian's relationship

to the infant; (2) specifically set out the medical treatment that the infant received, the names of

the physicians rendering the treatment, the charges incurred for the treatment, and whether any

balance remains due on those charges; and (3) waive the guardian's claim, if any, for loss of the

infant’s services.

D. Physician Affirmation/Medical Record(s) or Hospital Report(s). The Court

requires an affirmation from a physician or medical records indicating infant has been examined

within the six months prior to the submission of the proposed order. The affirmation, records, or

report must include: (i) history obtained; (ii) infant’s complaints of pain and/or limitations (past,

recent and present); (iii) treatment rendered; (iv) details of the examination recently rendered upon

which current opinion and conclusion is based; (v) diagnosis; (vi) prognosis, especially if the infant

does have any current, or in the recent past has had, any limitations or complaints of pain; and (vii)

whether the infant has fully recovered from the injuries or requires additional treatment; and (viii)

any additional opinions, conclusions, and treatment recommendations. Failure to submit a

physician affirmation, or recent medical/hospital record(s) or report(s) with an ICO application

will delay approval of the ICO.

E. Infant-Consent Affidavit. If the infant is 14 or more years old, an affidavit

from the infant attesting to his or her understanding of the settlement and consenting to is required.

F. Additional supporting exhibits may include: (i) the infant’s birth certificate;

(ii) a police accident report; (iii) a settlement offer letter or other such correspondence; (iv) a lien

letter; and (v) proof of the applicable insurance policy limits, including, if applicable, excess

insurance.

Once the Infant Compromise Order and necessary documents have been submitted to the

Clerk’s Office in Room 217 and reviewed by the Court, the parties will be advised of the hearing

date by email. All ICO proceedings will be held via virtual conference. Please note that the

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

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the infant and the parent/natural guardian appear on the hearing date.

A request for an interpreter for an ICO proceeding should be made via email to

enewcomb@nycourts.gov, cchambless@nycourts.gov and bxsupciv-IA25@nycourts.gov at least

seven (7) days before the proceeding.

12. Requests to “So-Order”

When submitting a request to “so-order”, to the extent feasible, ensure the signature lines

are not on a separate page from the content of the proposed order or stipulation. If not feasible,

include at the end of the content of the stipulation or proposed order “[INTENTIONALLY LEFT

BLANK]”. On the signature page, include a header in the top right-hand corner of the page

containing the following information:

Case Caption

Index No. [#]

Mot. Seq. [#]

Page [#] of [#]

The stipulation/proposed order must emailed to enewcomb@nycourts.gov,

cchambless@nycourts.gov and bxsupciv-IA25@nycourts.gov. and filed on NYSCEF.

II. DISCOVERY

1. Preliminary Conferences

A. Counsels must file a Request for Judicial Intervention (RJI).

B. If you require a preliminary conference, the parties MUST confer with one

another, and jointly complete and submit to the Court the Preliminary Conference (‘PC”) and Case

Scheduling Order (“CSO”), which can be found on the Bronx County Supreme Court’s part rules

webpage. Please note that the parties must use this Part’s standard PC and CSO.

C. The parties are directed to jointly complete the CSO, and Plaintiff is directed

to upload the same to NYSCEF and email a copy of it to the Court’s Part email at bxsupciv-

IA25@nycourts.gov, no later than one day prior to the date of the PC. If the completed CSO is

satisfactory, the Court will sign and upload the same to NYSCEF with a future compliance

conference date provided. The parties are advised that the Court may modify the deadlines set by

the parties. No appearances are necessary if a PC and CSO is electronically filed no later than one

day prior to the scheduled PC otherwise an IN-PERSON APPEARANCE is required to submit a

completed CSO on a scheduled PC.

D. Parties shall strictly comply with discovery obligations by the dates set

forth in the CSO (22 NYCRR §202.20-e). Extensions of deadlines set forth in the CSO will

only be granted upon a showing of good cause or on stipulation signed by all appearing

parties.

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2. Status/Compliance Conference

A. If the parties agree on all issues relating to outstanding discovery prior to

the compliance conference date, the parties shall e-file and e-mail a fully executed stipulation to

enewcomb@nycourts.gov, cchambless@nycourts.gov and bxsupciv-IA25@nycourts.gov on or

before the scheduled Status/Compliance conference date. The stipulation must certify that all

discovery is complete and provide for the filing of the Note of Issue. If acceptable, the stipulation

will be approved and sent to the Clerk for uploading without the need to appear for the scheduled

conference.

B. If the parties cannot agree on outstanding discovery issues despite good

faith efforts to resolve the dispute without Court intervention, the parties shall appear at the

scheduled compliance conference date.

C. Requests for Deposition rulings must be made before the assigned ex parte

Judge and not Part 25.

3. Discovery Motions & Conferences

A. A Discovery Motion shall only be made after the parties have conferred in

good faith. The Court will deny without prejudice any discovery motion which does not comply

with 22 NYCRR 202.20-f. A party has not fulfilled its obligation to confer pursuant to 22

NYCRR 202.20-f unless they have spoken over the phone or have met virtually or in-person with

the party from whom the moving party is requesting discovery. Emails alone do not satisfy the

requirements of 22 NYCRR 202.20-f, unless the affirmation includes a history or an indication

that the non-complying party has refused to communicate over the phone, virtually, or in-person.

B. Discovery Conferences and Oral Arguments on Discovery Motions will be

held in-person on Tuesdays at 10:00 a.m. Parties are expected to appear on time or the Court will

act in accordance with 22 NYCRR§ 202.27. Parties are expected to speak with the opposing party

on the day of the conference/argument prior to meeting with the Judge. Stipulation forms will be

available in the Courtroom. All attorneys appearing at discovery conferences will be expected to

be in compliance with paragraph 2 of section I (Appearance by Counsel with Knowledge and

Authority) of these rules. Parties will not be required to appear if they resolve the motion and file

a stipulation in advance.

C. Parties must check in with the Part Clerk when they enter the Courtroom.

Calendars are posted the night before the conference outside the Courtroom. If a party leaves the

Courtroom, for however long, the party must write their contact information, including cell phone

number, on the paper calendar outside the Courtroom or leave such information with the clerk.

D. Parties may NOT stipulate to adjourn any in-person

conference/argument, 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 correspondence

related to vacating a default for failure to appear.

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III. MOTIONS

1. Generally

All motions will be decided “on submission” unless specifically scheduled for oral

argument/conference before the Court. Please contact the Court immediately if there has been

any developments in a case that would affect the resolution of a pending motion (i.e., settlement,

stipulation to adjourn, withdrawal, etc.). Parties MUST copy all other parties in the case on any

e-mail sent to the Court.

Chambers does not require working copies of e-filed motion papers (see Administrative

Order AO/121/20).

Form of Motion Papers. (Section 202.8-a. [a]). The movant shall specify in the notice of

motion, order to show cause, and in a concluding section of a memorandum of law, the exact relief

sought. Regardless of whether the papers are filed electronically or in hard copy or as working

copies, counsel must submit as part of the motion papers, copies of all pleadings and other

documents as required by the CPLR and as necessary for an informed decision on the motion

(especially on motions pursuant to CPLR 3211 and 3212). Counsel should use tabs on hard or

working copies when submitting papers containing exhibits. Copies must be legible. If a

document to be annexed to an affidavit or affirmation is voluminous and only discrete portions are

relevant to the motion, counsel shall attach excerpts and submit the full exhibit separately.

Documents in a foreign language shall be translated as required by CPLR 2101(b). Whenever

reliance is placed upon a decision or other authority not readily available to the court, a copy of

the case or of pertinent portions of the authority shall be submitted with the motion papers.

Proposed orders. (Section 202.8-a. [b]). When appropriate, proposed orders should be

submitted with motions, e.g., motions to be relieved, pro hac vice admissions, open commissions,

etc. No proposed order should be submitted with motion papers on a dispositive motion.

2. Motion Adjournments

Adjournment of Motions. (Section 202.8-a. [c]). Unless the court orders otherwise, no

motion may be adjourned on consent more than three times or for accumulative total of more than

60 days.

The parties shall use their best efforts to obtain consent from their adversaries prior to

requesting an adjournment of any sort from the Court. All parties requesting an adjournment must

ensure that such request has been granted prior to the scheduled date in order to avoid a default

determination being entered. All requests for adjournments prior to the scheduled date must be

made in writing, e-filed, and e-mailed to Chambers at enewcomb@nycourts.gov,

cchambless@nycourts.gov and bxsupciv-IA25@nycourts.gov for approval. Oral applications

will not be entertained—no exceptions. It is the burden of the parties to inquire as to whether

the stipulation was approved by the Court.

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Any Stipulations requesting a more than sixty (60) day adjournment after the original

return date on a motion must include an explanation for the request. One-sided requests

for adjournments must always include an explanation for the request. Any Stipulation

requesting an adjournment of a motion that has already been adjourned more than three

times must include an explanation for the request. If the requesting party does not provide an

explanation under these circumstances, the adjournment request will be denied.

3. Sur-Reply and Post-Submission Papers

(See 22 NYCRR 202.8-c.) Absent express permission in advance, sur-reply papers,

including correspondence, addressing the merits of a motion are not permitted, except that counsel

may inform the court by letter of the citation of any post-submission court decision that is relevant

to the pending issues, but there shall be no additional argument. Materials submitted in violation

hereof will not be read or considered. Opposing counsel who receives a copy of materials

submitted in violation of this Rule shall not respond in kind.

4. Summary Judgment Motions

A. PURSUANT TO CPLR 3212(a), A MOTION FOR SUMMARY

JUDGMENT SHALL BE MADE NO LATER THAN SIXTY (60) DAYS AFTER THE

FILING OF THE NOTE OF ISSUE, EXCEPT WITH LEAVE OF COURT ON GOOD

CAUSE SHOWN.

B. Motions for Summary Judgment; Statements of Material Facts.

i. Upon any motion for summary judgment, other than a motion made

pursuant to CPLR 3213, there shall be annexed to the notice of motion a separate, short and concise

statement, in numbered paragraphs, of the material facts as to which the moving party contends

there is no genuine issue to be tried.

ii. In such a case, the papers opposing a motion for summary judgment shall

include a correspondingly numbered paragraph responding to each numbered paragraph in the

statement of the moving party and, if necessary, additional paragraphs containing a separate short

and concise statement of the material facts as to which it is contended that there exists a genuine

issue to be tried.

iii. Each numbered paragraph in the statement of material facts required to be

served by the moving party will be deemed to be admitted, to the extent such statement is supported

by the cited evidence, unless specifically controverted by a correspondingly numbered paragraph

in the statement required to be served by the opposing party.

iv. Each statement of material fact by the movant or opponent pursuant to

subdivision (i)or (ii), including each statement controverting any statement of material fact, must

be followed by citation to evidence submitted in support of or in opposition to the motion.

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5. Oral Argument

A. Dispositive Motions: Dispositive motions will be scheduled for oral

argument by the Court upon written request. Oral arguments will be held in-person. Notice of the

date selected by the court shall be given, if practicable, at least 14 days before the scheduled oral

argument. On the date of the oral argument, Counsel shall be prepared to argue the motion,

discuss resolution of the issue(s) presented, and/or discuss settlement. All attorneys appearing at

the oral argument must have authority to settle, be fully prepared to proceed, and be familiar with

the facts of the proceedings. If another attorney is appearing for the attorney of record, they must

have authority to act on behalf of the client. If an attorney appearing to argue does not have

authority to discuss settlement, the Court will adjourn the oral argument to a different date.

Parties may request that oral arguments are held virtually by filing a letter or stipulation with the

court at least one week in advance of the scheduled argument date and emailing a copy of such

letter to enewcomb@nycourts.gov, cchambless@nycourts.gov and bxsupciv-IA25@nycourts.gov.

B. Other Motions: Any party may request an oral argument on a non-

dispositive motion by letter accompanying the motion papers. Oral arguments for non-dispositive

motions will be held via Microsoft Teams. Notice of the date selected by the court shall be given,

if practicable, at least 14 days before the scheduled oral argument.

6. Orders to Show Cause

(See Section 202.8-d.) Motions shall be brought on by order to show cause only when there

is genuine urgency (e.g., applications for provisional relief), a stay is required, or a statute mandate

so proceeding (see Section 202.8-e). Unless otherwise stated on the signed OSC, opposition papers

are due two days in advance of the return date. Absent advance permission of the court, reply

papers shall not be submitted on orders to show cause.

Orders to Show Cause must comply with Uniform Rule 202.7(d).

All Orders to Show Cause are returnable on Fridays, except for Court holidays.

Proof of service must be filed with the Clerk, and e-mailed to the Court

(enewcomb@nycourts.gov; cchambless@nycourts.gov and bxsupciv-IA25@nycourts.gov). by

9:00 AM one day prior to the return date. Non-compliance shall result in denial of the Order to

Show Cause.

Any party seeking immediate injunctive relief within an OSC must appear with the affected

adversary (or with proof the adversary has been notified, but declined to appear pursuant to

202.7[f]) when the application is presented for signature. The parties shall contact chambers to

arrange for their appearance via Microsoft Teams if the non-moving parties appear or file an

objection to the injunctive relief when or prior to when the OSC is filed.

Upon receipt of a signed order to show cause, the parties shall e-mail the Court

(enewcomb@nycourts.gov; cchambless@nycourts.gov and bxsupciv-IA25@nycourts.gov.) to

confirm their appearance on the return date via Microsoft Teams.

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7. Affirmation regarding the use of Artificial Intelligence (“AI”)

THE USE OF AI IS STRONGLY DISCOURAGED.

Parties shall submit affirmations with every paper citing to law submitted to the Court,

requesting or opposing certain relief of the following:

A. A Party does not use AI. If a party does not use any AI in the drafting of

the papers submitted to the Court, the party shall submit an affirmation certifying that that no AI

was used in the preparation of the party’s papers submitted to the Court.

B. A Party uses AI. If any AI is used in the drafting of papers submitted to

this Court, the Party must submit a separate affirmation detailing the following: (1) for what

purpose the AI was being used;(2) for which legal issue(s) AI is used; (3) which AI service was

used; and (4) that any and all case law which was generated by AI and used in the submission has

been cite-checked and proofed to ensure the case, statute, rule, treatise, or other legal source exists

and that such law or source supports what the party argues that it supports.

Failure to comply with this requirement will result in a denial of the motion without

prejudice.

The Court will deem as sanctionable conduct pursuant to 22 NYCRR 130-1.1: (1) the use

of AI without providing the foregoing affirmation; and (2) the use of AI without cite-checking the

submitted papers to ensure the legal support, case, law, statute, or rule exists and supports the law

that the filing party asserts that such law or support states.

IV. TRIAL RULES

1. Be Prepared:

Prior to jury selection, counsel is cautioned to ascertain the availability of all witnesses and

subpoenaed documents. Plaintiff’s counsel shall requisition the file to the Courtroom as soon as

possible after assignment of the case to this part. If you have non-English speaking witnesses, or

any other special needs, e.g., easels, blackboards, shadow boxes, television, subpoenaed material,

etc., it is your responsibility to notify the Court Officer, in advance, so as not to delay the progress

of the trial.

2. Marked Pleadings Plus:

Parties shall furnish the Court prior to the commencement of trial with two copies of the

following:

A. Marked pleadings as required by CPLR 4012;

B. A witness list;

A copy of any statutory provisions in effect at the time the cause of action

arose upon which either the plaintiff or defendant relies;

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C. The bill(s) of particulars;

D. All expert reports relevant to the issues;

E. All reports, depositions and written statements which may be used to either

refresh a witness’ recollection and/or cross-examine the witnesses; and

F. If any part of a deposition is to be read into evidence (as distinguished from

mere use on cross-examination) you must, well in advance, provide the Court and your adversary

with the page and line number of all such testimony so that all objections can be addressed prior

to use before the jury.

3. Pre-Marked Exhibits:

All trial exhibits should be pre-marked for identification, and copies of a list of exhibits

must be given to the Court before the trial begins. Failure to comply with this rule may result in

sanctions, which may include an order precluding the offering of such exhibits at trial (see Davis

Eckert v. State of New York, 70 NY2d 633, 518 N.Y.S. 2d 957).

4. Assignment Conference:

At this conference counsel should be prepared:

A. To alert the Court as to all anticipated disputed issues of law and fact and

provide the Court with citations to all statutory and common law authority upon which counsel

will rely.

B. To stipulate to undisputed facts and the admissibility of clearly admissible

documents and records.

C. To alert the Court to any anticipated in limine motions or evidentiary

objections which counsel believes will be made during the course of the trial.

D. To provide the Court with a copy of all prior decisions and orders which

may be relevant to said in limine applications.

E. To discuss scheduling as well as the number of witnesses to be called at

trial, and the estimated length of the trial.

F. To provide a list of the names of all witnesses (other than rebuttal

Witnesses) to be called by you and for each such witness the elements of proof to be supplied (in

the case of plaintiff) or addressed (in the case of defendant) by such witness.

G. To alert the Court as to any anticipated problems regarding the attendance

at trial of parties, attorneys or essential witnesses, and any other practical problems which the

Court should consider in scheduling

H. To alert the Court to any anticipated requests for a jury instruction relating

to missing witnesses and/or documents.

I. To alert the Court to any anticipated request for apportionment as to alleged

culpable non-parties pursuant to CPLR Article 16.

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5. No Communication with Jurors:

In order to maintain the appearance of total impartiality, once the jury has been selected no

one is to communicate in any form at any time with any juror. This includes both verbal and non-

verbal communication, including, without limitation, nods, shrugs and shaking the head. Do not

even say "hello" or "good morning".

6. Check- In:

At the start of each day on trial, check in with the Part Clerk and the Court Officer so that

(s)he will be aware of your presence.

7. Trial Objections and Arguments:

If a lawyer wishes to make an objection, it can be accomplished by standing and saying the

word, "objection", and by adding thereto up to three more words so as to state the generic grounds

for the objection, such as "hearsay," "bolstering," "leading," or "asked and answered." If you

believe further argument is required, ask permission to approach the bench. This request will

almost always be granted. Keep in mind that you will always be given the opportunity to make a

full record.

8. Courtroom Comments and Demeanor:

All remarks should be directed to the Court. Comments should not be made to opposing

counsel. Personal remarks, including name-calling and insults, to or about opposing counsel will

not be tolerated. Remember do not try to "talk over" each other; only one person speaks at a time,

or the record of the proceeding will be incomprehensible. Simple requests (e.g., a request for a

document or an exhibit), should be accomplished in a manner which does not disrupt the

proceedings or your adversary. If you require a significant discussion with your adversary, such

as a possible stipulation, ask for permission to approach the bench. I will grant that request, and

you will have a chance to talk to each other outside the presence of the jury. In addition, no

grandstanding in the presence of the jury, i.e., making demands, offers or statements that should

properly be made outside the presence of the jury.

9. Use Of Proposed Exhibits:

Do not show anything, including an exhibit or proposed exhibit to a witness without first

showing it to opposing counsel. If this procedure is claimed to compromise trial strategy, a pre

offer ruling outside the presence of the jury should be first obtained.

10. Examination of Witnesses:

Do not approach a witness without permission of the Court. Please allow the witness to

complete his/her answer to your question before asking another question. Do not interrupt the

witness in the middle of an answer, unless it’s totally unresponsive in which event you should seek

a ruling from the Court. Direct examination, cross, redirect and re-cross are permitted.

However, the Court does not ordinarily permit re-redirect examination of a witness.

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11. Jury Charge & Verdict Sheet:

At the commencement of the trial all counsel shall submit suggested jury charges and a

suggested verdict questionnaire. Amendments thereto shall be permitted at the final charging

conference. If counsel relies on a Pattern Jury Instruction [PJI] without any change thereto, it

should be referred to by PJI number and topic only. If any changes to the PJI are suggested, then

the entire proposed charge should be set forth and the changes should be highlighted or otherwise

called to the Court’ s attention. Citations to appropriate statutory or common law authority shall

be given in support of suggested non-PJI jury charges or suggested PJI modifications. In addition,

unless a marshaling of the evidence is waived, Counsel should, at the final charging conference,

provide the Court with the proposed facts which counsel believes should be marshaled by the

Court, and the respective contentions of the parties.

12. Summary Jury Trials:

Evidentiary packages must be presented to the Court at least 24 hours before jury selection.

13. Inquests

A. Submissions in support of an inquest shall include, when applicable:

i. An affidavit from a person with knowledge of the facts setting forth how

damages are computed;

ii. An attorney’s affirmation setting forth a brief recitation of the facts, the

grounds for liability, and the damages incurred;

iii. Pre-Marked Exhibits plaintiff seeks to admit, such as invoices, financial

statements, certified medical records (redacted as necessary), etc., in

support of requests for damages;

iv. Other documentation that the parties believe would assist the Court;

v. Proof of service of all papers and exhibits submitted to the court, along

with notice of the inquest date, time, and location on all opposing parties

to the extent required by the CPLR;

vi. Proposed findings of fact citing to the evidence Plaintiff seeks to admit

and a proposed order.

B. Papers in opposition, if any, should follow the format set forth in above in

subparagraph A of paragraph 13.

C. Parties must still bring original copies of exhibits to the inquest.

D. When in inquest is not granted on default, parties must limit the evidence to

causes of action for which the found liability.

E. All Part 25 Rules remain applicable in inquest proceedings.

F. You are directed to email the part clerk at bxsupciv-IA25@nycourts.gov

once all your submissions have been filed. When possible, please attach copies of such

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submissions to the email. Otherwise provide the NYSCEF document numbers of your

submissions.

G. Submissions in support of the inquest are due at least three (3) business days

prior to the inquest. Submissions in opposition are due at least one business day prior to the inquest.

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