Hon. Sophia B. Hershman — Part IA-16 Rules

PART 16 RULES

Courtroom 601

718-618-1196

BxSupCiv-IA16@nycourts.gov

Monique Carro, Esq., Principal Court Attorney

Harrison Cheung, Esq., Assistant Law Clerk

Brandi Alexander, Part Clerk

1. Communications

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

to the Part Clerk (BxSupCiv-IA16@nycourts.gov). Parties may not telephone chambers.

2. 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.

a. Preliminary Conferences

The court will schedule preliminary conferences after a Request for Judicial Intervention (RJI)

has been filed. Preliminary conference orders may be uploaded to NYSCEF and if it is

satisfactory the court will sign it. The preliminary conference order will then be uploaded to

NYSCEF with a compliance conference date.

The parties are strongly encouraged to confer with one another and jointly complete and submit

to the court the preliminary conference order, which can be accessed on the Bronx County

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Supreme Court’s part rules webpage, no later than two (2) business days prior to the preliminary

conference date.

If the parties cannot agree, the parties are mandated to appear on the scheduled preliminary

conference date.

All parties are required to fill out a preliminary conference order and submit it on the return date.

b. Compliance Conferences

The preliminary conference order will provide an initial compliance conference date. Thereafter,

any party may request a compliance conference by writing to BxSupCiv-IA16@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).

c. Oral Argument (In Person)

All motions, except those brought by order to show cause, are accepted on submission unless

oral argument is requested by a letter accompanying the motion papers (22 NYCRR 202.8-f [b]),

or if the court so directs argument to be held. Oral argument is strictly in person.

d. Orders to Show Cause (In Person)

Parties are referred to 22 NYCRR 202.8-d, which provides:

“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 mandates so proceeding. See

Section 202.8-e. Absent advance permission of the court, reply papers shall not be submitted on

orders to show cause.”

Whereas orders to show cause are urgent in nature, no adjournments will be granted. Orders to

show cause require strict adherence to their terms; failure to effect service in the manner

provided for will result in denial.

e. Pre-Trial/Settlement Conferences (In Person)

Pre-trial conferences will automatically be scheduled 60 days after the filing of the note of issue.

All pre-trial conferences are held in person and 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 (i.e., 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

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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.

f. Mediation (In Person)

At any time during the pendency of an action, any party may request mediation with the court by

emailing BxSupCiv-IA16@nycourts.gov if all parties mutually agree that it may help effectuate

a settlement. Mediation requires consent of all parties to be an effective use of the court’s

resources.

All attorneys appearing at mediation 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.

Clients and/or claims representatives are encouraged to attend in person, but at minimum shall be

available by phone at the time of the mediation. The court will allocate a minimum of one hour

to mediation, but will not exceed three hours except in rare, complex cases.

3. Motions

All motions shall be filed exclusively via NYSCEF and no working copies will be accepted.

a. 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 seek a conference with the court BEFORE the filing of any discovery-related

motion (BxSupCiv-IA16@nycourts.gov). Where motion practice cannot be avoided, parties are

reminded:

• Discovery-related motions made prior to the preliminary conference order being issued will be

denied (22 NYCRR 202.8[f]).

• 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

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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.

b. Summary Judgment Motions

All motions for summary judgment must be filed no later than 60 days following the filing

of the note of issue.

4. Note of Issue

Leave is not required to file the note of issue. However, parties are reminded that filing the

note of issue and accompanying certificate of readiness certifies that all discovery is completed,

waived, or not required and that the action is ready for trial (22 NYCRR 202.21[b]).

After the passage of 20 days, the court will entertain a motion to vacate the note of issue only

"[w]here unusual or unanticipated circumstances develop subsequent to the filing of a note of

issue and certificate of readiness" that would otherwise cause "substantial prejudice" (22

NYCRR 202.21 [d]).

The note of issue date may be extended by submitting a stipulation to be so-ordered.

5. 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 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 in person absent exigent

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

court on the date of the hearing.

If an ICO hearing has not been scheduled within 60 days from submission, contact BxSupCiv-

IA16@nycourts.gov

6. Trials

Trials are assigned to Part 16 under the direction of the Trial Assignment Part (TAP). When TAP

assigns a trial to Part 16, 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

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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:

• A list of proposed witnesses, including the need for any interpreters, with the

required language and dialect.

• All marked pleadings and bills of particulars.

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

• All in limine motions. Motions in limine must be presented in writing.

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

• 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.

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 as of April 2026 until further notice.

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