Hon. Veronica Hummel — Part IA-20 Rules

IAS Part 20 Practices and Procedures

H . V G. H

ON ERONICA UMMEL

Supreme Court of the State of New York

County of Bronx, Civil Term

851 Grand Concourse

Bronx, NY 10451

CHAMBERS COURTROOM

6M-20 — (718) 618-1352 408 — (718) 618-1240

courtattorneypart20bx@nycourts.gov bxsupciv-ia20@nycourts.gov

Principal Law Clerk Assistant Law Clerk Courtroom Part Clerk

Christopher Pederson, Esq. Trevor Goldhush, Esq. Bryette Blanchard

I. GENERAL

1. Substantive participation in court proceedings by women and diverse attorneys,

who historically have been underrepresented in the bar, as well as by attorneys who

have been practicing for less than five years, is strongly encouraged. The court

encourages the practice of giving such attorneys the opportunity to appear in court

to acquire experience.

2. All parties shall be familiar with the Uniform Civil Rules for the Supreme Court &

the County Court, 22 N.Y.C.R.R. § 202 et seq. (the Uniform Rules). The Uniform

Rules are available online at https://ww2.nycourts.gov/rules/trialcourts/202.shtml.

3. All cases and submissions in Part 20 shall be filed electronically through the New

York State Courts E-Filing (NYSCEF) system. This rule does not apply to pro se

litigants, although they are strongly encouraged to make use of e-filing through

NYSCEF.

4. Attorneys, and pro se litigants who choose to use NYSCEF, shall be familiar with

NYSCEF procedures. For assistance with NYSCEF e-filing, parties may contact

the NYSCEF Resource Center during weekdays, from 8:00 a.m. to 5:30 p.m., at

(646) 386-3033 or nyscef@nycourts.gov. Pro se litigants may create a NYSCEF

account and access instructions for its use at https://iapps.courts.state.ny.us/nyscef/

UnRepresentedHome.

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5. Part 20 appearances, including but not limited to, oral argument on motions,

framed issues hearings, and inquests, may be conducted in person or virtually

via Microsoft Teams (“Teams”). Parties shall be VERY familiar with the use of

Teams, including the use of the conversation panel, and proficient in the use of the

computer and video technology necessary for Teams conferences.

6. If the Court schedules a virtual appearance, chambers will post a Court Notice on

NYSCEF and send a Teams calendar invitation and link to the email addresses

registered for service in NYSCEF. No other notice of the appearance will be

provided by chambers. Counsel must, therefore, ensure that their registered email

addresses for service remain current in NYSCEF at all times. Attorneys must also

register for eTrack for all Part 20 cases and regularly check eCourts for scheduled

appearances. To create an eTrack account or to log into eTrack, please visit

https://iapps.courts.state.ny.us/webcivil/etrackLogin. Failure to appear at a

scheduled virtual conference will be deemed a default under Uniform Rule

202.27 and may result in the imposition of sanctions, including, where

appropriate, the dismissal of the complaint or striking of a pleading. Defaults

will not be excused for lack of notice.

7. In non–e-filed cases, pro se litigants and attorneys must provide contact information

to chambers and the Part Clerk so that Teams invitations and links, as well as other

important communications, can be sent to the parties. Pro se litigants may contact

the Bronx County Supreme Court Help Center at 718-618-1350.

8. Part 20 is a paperless part. No hard copies of motion or other filings shall be sent

to chambers without prior approval.

9. Parties, including pro se litigants, are under a continuing obligation to notify the

Court as promptly as possible should: (a) an action settle, be discontinued, or

otherwise be disposed; (b) a motion be resolved, be withdrawn, or become wholly

or partially moot; or (c) a party die or file a bankruptcy petition. The required notice

shall be by letter e-filed to NYSCEF or, as to pro se litigants only, by email to

courtattorneypart20bx@nycourts.gov.

10. Attorneys must have access to a computer and NYSCEF for all virtual and in-

person appearances.

II. COMMUNICATIONS WITH CHAMBERS

11. Inquiries concerning scheduling, appearances, adjournments, and case status shall

be directed to the Part Clerk (bxsupciv-ia20@nycourts.gov). Do not contact the

Part Clerk concerning the status of a decision on a motion. Neither the Part Clerk

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nor the Court will provide such information or estimate when a decision might be

issued.

12. All communications with chambers shall be by letter filed to NYSCEF.

Chambers receives immediate notification of such filings and will promptly review

them and, if necessary, respond.

13. Parties shall not telephone chambers. The only exception to this rule is

EMERGENCY SITUATIONS requiring immediate Court intervention. 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.

14. Parties shall not email chambers or the law clerks. The exceptions to this rule

are: (a) responding to an email from chambers or the law clerks; (b) the parties

have received prior Court permission; or (c) an email is expressly authorized in

these rules. If an email to chambers is authorized, all parties must be copied to avoid

ex parte communications. Justice Hummel shall not be included on any emails

sent to chambers.

15. Chambers does not accept faxes.

III. ADJOURNMENTS

16. All requests for an adjournment shall be made by letter e-filed to NYSCEF.

Requests made by email or telephone will not be considered. This rule does not

apply to pro se litigants, however, who may request an adjournment by email to

courtattorneypart20bx@nycourts.gov. The Part Clerk is not authorized to grant

adjournments.

17. Appearances.

a. All adjournments of a conference, oral argument, hearing, trial, or other

appearance require prior Court approval.

b. Requests to adjourn a conference, oral argument, inquest, or hearing must

be made at least 48 hours prior to the scheduled date and time. Unless the

reason for a request made within 48 hours of the scheduled appearance is

TRULY AN EMERGENCY, such a request will be denied.

c. Any adjournment request must state: (i) whether the request is on consent

of all parties; (ii) the reason for the request; and (iii) the length of the

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adjournment sought. Requests that do not contain the required information

will be denied.

d. An appearance will not be adjourned simply because all parties consent;

adjournment remains within the Court’s discretion. If an adjournment

request is opposed, a responsive letter shall be e-filed to NYSCEF within

24 hours, and the failure to do so will result in the waiver of any objection.

e. The Court will advise the parties by e-filed Court Notice whether the

requested adjournment has been granted or denied.

f. For adjournment requests concerning a trial, please see infra Section VII.

18. Motion adjournments.

Motions may be adjourned by stipulation, subject to Uniform Rules 202.8(e)(2) and 202.8-

a(c). Specifically, without a Court order, a motion may not “be adjourned on consent more than

three times or for a cumulative total of more than 60 days.” The Motion Support Office (Room

217) is not authorized to grant an adjournment that exceeds those permitted on consent under the

Uniform Rules.

Requests for motion adjournments must be made at least 24 hours prior to the scheduled

submission date. Unless the reason for a request made within 24 hours of the submit date is

TRULY AN EMERGENCY, such a request will be denied.

Any request to adjourn a motion in excess of the adjournments permitted on consent under

the Uniform Rules must state: (i) whether the request is on consent of all parties; (ii) the reason

for the request; and (iii) the length of the adjournment sought. Requests that do not contain the

required information will be denied.

A motion will not be adjourned simply because all parties consent; adjournment remains

within the Court’s discretion. If an adjournment request is opposed, a responsive letter shall be e-

filed to NYSCEF within 24 hours, and the failure to do so will result in the waiver of any

objection. Parties should not assume that an adjournment request will be granted, especially if the

request is made near the relevant deadline or after that deadline has already passed.

The Court will promptly advise the parties by e-filed Court Notice whether a requested

adjournment has been granted or denied. Denial of an adjournment after a deadline has already

passed will not alter that deadline.

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IV. DISCOVERY

A tremendous benefit of NYSCEF is that the upload of a document/discovery to

NYSCEF ensures that the document/discovery need only be exchanged once and the

Court record is complete.

Hence, unless an exception to NYSCEF’s filing requirements applies or an established

principle of confidentiality prevents upload, the parties are encouraged to agree to file all

pleadings, bills of particulars, discovery demands and responses, interrogatories, CPLR

3101(d) notices, expert reports, photographs, and other discovery on NYSCEF. All parties

are deemed conclusively served with such items upon the upload to NYSCEF.

Preliminary Conference:

Upon the filing of a preliminary conference request or the first disclosure motion, a

Preliminary Conference/Case Scheduling Order (“CSO”) will be automatically generated within

60 days and uploaded to NYSCEF in lieu of holding a conference. All parties appearing in

NYSCEF will be deemed served with the CSO upon its filing. 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 must be requested at a compliance conference and will only be

granted upon a showing of good cause. If 60 days have elapsed, issue is joined, and a CSO has not

been uploaded, contact bxsupciv-ia20@nycourts.gov.

Compliance Conference:

After sixty (60) days from the date of the Preliminary Conference Order, order Parties

shall upload a completed compliance conference form. Parties may request a discovery

conference in the event that discovery disputes cannot be resolved, pursuant to Part 20’s rules and

22 NYCRR §§ 202/7(a)(2).

Discovery Disputes:

Any request for a pre-motion virtual conference must be made via NYSCEF. Compliance

with Uniform Rule 202.20-f will be strictly enforced, and if not complied with, the request will

be denied. Use NYSCEF label REQUEST FOR PRE-MOTION CONFERENCE

(COMPLIANCE PART). If the request for a pre-motion conference is granted, a virtual conference

will be scheduled to take place via Microsoft Teams. The Court conducts discovery conferences on

an AS NEEDED BASIS.

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Discovery-related motions:

Any discovery motion made prior to the PC 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 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.

In the event a motion becomes moot or is being withdrawn, movant shall promptly upload

a letter or stipulation to NYSCEF informing the Court. Additionally, should counsel resolve some

matters amicably but still require a ruling on others, movant shall upload a letter informing the

Court of the narrow issues that remain. Parties shall continue to engage in disclosure to the

maximum extent possible until a decision is reached on the disputed discovery; discovery may

only be stayed as provided for in the CSO.

The parties shall proceed with all discovery (including D&I, depositions, and IMEs) using

every available technology and must make every effort (including multiple telephone calls

and emails directly to the parties’ attorneys), to resolve discovery disputes without Court

intervention (see 22 NYCRR 202.7[c]; A.O. 06/24/2020).

After a discovery stipulation has been signed by all parties the plaintiff shall e-file the

discovery stipulation in NYSCEF and use the label STIPULATION - DISCOVERY. At the foot

of the stipulation, counsel shall print and sign the name of the attorney executing the discovery

stipulation.

Status conferences will not be automatically scheduled.

V. NOTE OF ISSUE

Plaintiff shall serve and file a Note of Issue and Certificate of Readiness within 12 months

of the date of the Preliminary Conference Order. The failure to file a Note of Issue as required by

the order may be treated as a default pursuant to 22 NYCRR 202.27. Parties may extend the time

to file the Note of Issue for an additional 90 days one time by stipulation uploaded to NYSCEF.

Thereafter, the parties may not stipulate to extend time without court approval.

Upon the completion of all discovery, Plaintiff’s counsel shall upload to NYSCEF a

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signed stipulation indicating that all discovery is complete and provide for the filing of the

Note of Issue and Certificate of Readiness within 30 days and use the NYSCEF label

STIPULATION-TRIAL READINESS.

A Note of Issue filed without the required stipulation that all discovery is complete is

subject to being vacated sua sponte.

Plaintiff may not file a Note of Issue unless all discovery due by plaintiff has been completed

pursuant to this order. A party that files a Note of Issue where that party has not complied with

this order may be subject to costs and/or sanctions.

VI. SETTLEMENT CONFERENCES

19. The Court is available to conduct settlement conferences in all actions pending

before Part 20 at any stage of the litigation. However, before the Court will schedule

a settlement conference, all parties must first agree to participate in the conference

and that it will be useful.

20. All requests for a settlement conference shall be made by stipulation or letter e-

filed to NYSCEF. Requests made by email or telephone will not be considered. This

rule does not apply to pro se litigants, however, who may request a settlement

conference by email to courtattorneypart20bx@nycourts.gov.

21. If a request for a settlement conference is made by letter rather than by a stipulation

signed by all parties, the request shall expressly indicate whether all parties have

been consulted and agree that the conference may serve to advance the case toward

settlement or other resolution. Requests that omit this information will be denied.

22. Settlement conferences will be scheduled by the Court according to its availability.

23. Pursuant to Uniform Rule 202.1(f), attorneys who appear for a settlement

conference (or any other conference before Part 20) must be fully familiar with

the facts and circumstances of the case and authorized to enter into binding

agreements on behalf of their clients. Attorneys must appear with access to

NYSCEF. Clients and/or adjusters must be available by telephone during the

conference. Failure to comply with this rule—including by sending a per diem

attorney lacking knowledge or authority—may be regarded as a default under

Uniform Rule 202.27 and result in appropriate sanctions against the attorney of

record.

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VII. MOTIONS

24. Motions on Notice.

a. Motions brought on notice are returnable Monday through Friday in the

Motion Support Office (Room 217).

b. Working copies of e-filed motion papers shall not be submitted. This

rule does not apply to video or other similar media filed in connection with

a motion. These materials shall be mailed to chambers on CD or flash drive,

and a duplicate copy shall be sent to all other parties to the case. The CD or

flash drive shall be clearly labeled with the corresponding index number,

motion sequence, and exhibit letter/number. In NYSCEF, the party

submitting the media exhibit shall file a placeholder exhibit indicating that

a copy of the video was sent to chambers, along with an affidavit of service

indicating that the CD or flash drive was served on opposing counsel.

Failure to properly submit and file the foregoing may result in a delay in

deciding the motion.

i. All motion filings shall conform with the applicable requirements of

the CPLR and Uniform Rules 202.5, 202.8, 202.8-a, and 202.8-b.

The word limits contained in Uniform Rule 202.8-b(a) shall be

strictly enforced.

ii. Requests to expand the word limit for any particular filing shall be

made well in advance of the deadline for that filing. The Court grants

expansion requests sparingly, only upon good cause shown, and any

expansion granted will very likely be smaller than requested.

Expansion requests made on the eve of the filing deadline will not

be viewed favorably, and no adjournments will be granted solely on

the basis of a denial of an expansion request. The Court will inform

a requesting party whether the expansion is granted or denied by e-

filing a Court Notice.

c. Motion filings must include the contact information of the filing attorney or

pro se litigant, including a current email address.

d. Parties shall individually upload and identify by concise label all motion

papers, including each individual exhibits (e.g., “Plaintiff’s Deposition

Transcript,” “Certified Police Report,” etc.).

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e. No discovery motion shall be joined with a substantive motion. If this rule

is violated, the motion will be denied with leave to renew as two or more

separate motions. Discovery motions shall be filed separately.

i. Motions are generally decided on submission (i.e., on the papers). If

the Court believes that oral argument on a particular motion may

prove useful, the Court will schedule oral argument according to its

availability and circulate a Microsoft Teams calendar invite and link

to the parties’ registered email addresses. Parties may request oral

argument by letter e-filed to NYSCEF.

f. The filing of any motion shall not stay discovery. A stay of discovery may

be requested separately for good cause shown; however, such stays will be

seldom granted.

g. If a Court order requires that the County Clerk make an entry to or amend

the docket (e.g., the order directs the amendment of the caption), the moving

party shall e-file to NYSCEF a completed form EF-23 (CPLR § 8019(c)),

available online at https://iappscontent.courts.state.ny.us/NYSCEF/live/

forms/notice.to.county.clerk.pdf.

h. Motions for Summary Judgment.

i. All motions for summary judgment must be filed within 60 days of

the filing of the Note of Issue.

ii. Unless sufficient justification is demonstrated,1 or unless expressly

authorized by the Court in a prior order, each party shall be afforded

only one opportunity to make a motion for summary judgment.

Otherwise, a successive motion for summary judgment will be

denied.

25. Motions by Order to Show Cause.

a. Pursuant to Uniform Rule 202.8-d, motions may be brought by Order to

Show Cause (OTSC) only when: (i) there is genuine urgency (e.g.,

applications for provisional relief); (ii) a stay is required; or (iii) a statute

mandates proceeding by OTSC. If the OTSC fails to demonstrate that at

least one of these circumstances applies, the OTSC will be denied with leave

1 See Maggio v. 24 W. 57 APF, LLC, 134 A.D.3d 621, 625 (1st Dep’t 2015) (“Successive motions for summary

judgment should not be entertained without a showing of newly discovered evidence or other sufficient justification.).

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to renew as a motion on notice. Motions to vacate previous decisions must

be brought by Notice of Motion unless true urgency exists.

b. In any signed OTSC, the Court will indicate: (i) on whom the movant must

serve the signed OTSC, the method of service, and the deadline(s) for

completing such service; (ii) the deadline for e-filing proof of service to

NYSCEF; (iii) whether reply papers are authorized (see Uniform Rule

202.8-d); and (iv) whether appearances and oral argument will be required

on the motion and, if so, when, where, and how such oral argument will take

place.

i. If the Court does not indicate in the signed OTSC that an appearance

is necessary, then no appearance is necessary, and the motion will

be decided on the papers, unless the Court subsequently decides that

oral argument is necessary. In that case, the Court will contact the

parties to schedule oral argument.

ii. If the movant does not strictly comply with the service directed in

the signed OTSC, or fails to e-file proof of service by the deadline

set in the signed OTSC, the motion will be denied.

iii. To facilitate service, the attorney affirmation in support of the OTSC

must include, to the extent known, email addresses for all parties

that are required to be served with respect to the relief requested in

the OTSC.

c. OTSCs with TRO Requests.

i. OTSCs containing requests for temporary restraining orders (TRO)

will generally not be heard ex parte. See Uniform Rule 202.7(f),

202.8-e. In the absence of significant prejudice, a movant

seeking a TRO must email their motion papers to opposing

counsel, call opposing counsel, and UPLOAD A COPY TO

NYSCEF at least 24 hours prior to when the movant wishes to

be heard on the application. The movant must then immediately

e-file proof of service of such notice (an affidavit/affirmation) to

NYSCEF. The proof of service must contain opposing counsels’

email addresses. Failure to e-file proof of service of such notice may

result in delayed consideration of the TRO application or even

outright denial.

ii. Pursuant to Uniform Rule 202.8-e, “[u]nless the moving party can

demonstrate significant prejudice by reason of giving notice, or that

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notice could not be given despite a good faith effort to provide

notice, a temporary restraining order should not be issued ex parte.”

Thus, if a movant wishes its TRO application to be heard ex parte,

the movant must e-file an affidavit justifying the request

accordingly. If ex parte relief is authorized or warranted, the movant

must still email the application papers to the Court as soon as

practicable.

After receiving the OTSC papers, the Court will notify the parties: (1) when letters

in opposition to the TRO application must be e-filed and emailed to the Court; and

(2) when a virtual conference via Microsoft Teams or, if deemed necessary, an in-

person appearance will be held to the address the application. The Court will

simultaneously provide the parties with a Teams invitation and link. Please note

that, absent an emergency, if notice of the TRO application is provided on a Friday,

the Court may not hear the application until the following week. Further, the ability

to file a letter in opposition to the TRO application shall be without prejudice to

submitting formal opposition.

VIII. INFANT COMPROMISE ORDERS

26. 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.

27. 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. Where a petition is used, the petition must take the

form of a pleading.

28. All ICO applications must be supported with the following documents:

a. A proposed ICO

i. In addition to e-filing the proposed ICO to NYSCEF, the movant

shall also send a Word-format copy of the proposed ICO to the Court

by email (courtattorneypart20bx@nycourts.gov). The Court may

request that more than one draft version of the ICO be prepared and

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submitted before the hearing so that a draft version that is reflective

of the Court’s post-hearing findings is prepared and ready for

signature at the conclusion of the hearing.

ii. The proposed ICO shall provide 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.

b. Attorney affirmation

i. Must include the information mandated by CPLR § 1208(b) and

Uniform Rule 202.67(d).

ii. To the extent not already mandated by CPLR § 1208(b) and Uniform

Rule 202.67(d), the attorney affirmation must also address: (1) the

amount of available insurance, including excess insurance; (2)

whether there are any applicable liens and their amount; and (3)

whether the guardian or others involved in the accident received

settlements and, if so, the others’ injuries and the amount paid to

each.

iii. The court finds that annuities offer significant financial benefits

to infant plaintiffs. If the settlement is $100,000 or larger, OR if

the child is twelve years or younger, an annuity is preferable. If

the ICO does not, under these circumstances, include an

annuity, the attorney must state why the attorney is not

recommending that an annuity be purchased. If the court deems

it appropriate, the court will direct that the settlement include

the purchase of an annuity.

c. Guardian affidavit

i. Must include the information mandated by CPLR § 1208(a) and

Uniform Rule 202.67(b).

ii. 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.

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iii. Like any affidavit, the guardian affidavit must be notarized.

d. Medical or hospital report(s), as mandated by CPLR § 1208(c).

e. Physician affirmation

i. In addition to the medical or hospital report(s) mandated by CPLR

§ 1208(c), the Court also requires an affirmation from a physician

who has recently examined the infant. The affirmation must: (1)

address whether the physician reviewed the infant’s prior medical

records; (2) specify in detail the infant’s injuries resulting from the

accident; (3) describe the treatment the infant received; and (4) state

whether the physician believes the infant has made a full recovery

or requires additional treatment.

ii. Failure to submit a physician affirmation with an ICO application

will delay approval of the ICO.

f. Infant-consent affidavit

i. An affidavit from the infant attesting to his or her understanding of

the settlement and consenting to it is only required if the infant is 14

or more years old.

ii. To maintain the anonymity of the infant, the infant’s first and last

initials should be used in place of the infant’s full name, including

when the infant signs the affidavit.

iii. Like any affidavit, the infant-consent affidavit must be notarized.

29. Additional supporting exhibits shall include: (a) the infant’s birth certificate; (b) a

police accident report; (c) a settlement offer letter or other such correspondence;

(d) a lien letter; and (e) proof of the applicable insurance policy limits, including,

if applicable, excess insurance.

30. An ICO application involving a structured settlement must be supported by

the following additional documents (in addition to the documents listed above

in paragraph 30):

a. Structured settlement broker’s affidavit;

b. Proposed settlement agreement;

c. Proposed assignment agreement;

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d. Proposed annuity contract;

e. Proposed guaranty agreement; and

f. Accepted structure (annuity) proposal and at least two rejected alternative

structure proposals for the same cost and payout terms as the accepted

proposal.

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

be redacted in all e-filed documents.

32. Where there are multiple infants whose claims are sought to be compromised in an

action, a separate ICO application must be filed, and a separate filing fee paid, for

each infant.

33. If other plaintiffs, besides the infant, were involved in the same accident and their

personal injury actions are settled, the attorney must submit a brief description of

the other plaintiffs’ injuries and settlement amounts.

IX. TRIALS

34. Trials are assigned to Part 20 under the direction of the Trial Assignment Part

(TAP). When TAP assigns a trial to Part 20, it does so by FINDING that the parties

and their witnesses are ready for trial from the time of assignment through the

conclusion of the trial. 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. If any party is not ready to immediately proceed with trial,

prior to being assigned, that party shall inform the Justice presiding in TAP so

that he or she may make the appropriate ruling.

35. All trials shall begin promptly at 9:30 a.m. and end at 4:30 p.m. Trials will break at

1:00 p.m. and resume at 2:00 p.m.

36. Trials shall be conducted on a continuous daily basis beginning after jury selection

is complete.

37. Adjournments of trials shall be granted only upon extraordinary and unanticipated

circumstances. The unavailability of a witness whose testimony was known to be

necessary to a party’s case prior to the assignment of the case to Part 20 for trial

will not constitute such a circumstance.

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38. Pre-Trial Conference.

a. Regardless of the type of trial (bench, summary jury, or jury), the Court will

hold an in-person pre-trial conference with the parties’ attorneys on the

day of assignment.

b. During the pre-trial conference, the attorneys shall be prepared to:

i. Discuss the case, including any anticipated issue of fact and law, and

present in a short statement each party’s position. Articulate the role

of each and every party named in the caption.

ii. Discuss the current settlement offer and demand and potential

settlement of the case.

iii. Counsel shall be prepared to disclose all liens against the potential

recovery.

iv. Discuss and resolve any anticipated evidentiary issue and motions

in limine. This includes any issues relating to undisclosed or

recently disclosed expert witnesses or photographs, missing witness

charges, spoilation issues, exclusion of portions of medical records,

and any other evidentiary issue known or that could have been

known on the date of the assignment of the trial to Part 20.

v. Identify all anticipated witnesses and the dates and times of their

availability- Parties shall state, if known, whether a missing witness

charge will be demanded.

vi. Stipulate to undisputed facts and the admissibility of clearly

admissible documents.

vii. Identify any defaulting parties or any culpable nonparties against

whom liability is sought to be apportioned.

viii. Make any special requests, such as requests for an interpreter,

media, or other technology equipment, etc.

ix. Discuss the length of time needed for jury selection.

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x. The parties shall Premark exhibits. Compliance with 22 NYCRR

202.422 is required.

xi. Parties must upload copies of all prior court decisions and orders

including those issued by an appellate court to NYSCEF.

xii. The attorneys shall provide the court, and court reporter, with a list

of potential witnesses, including the correct spelling of all names,

and a glossary of any complex medical terms anticipated to be used

at trial.

c. Any pre-trial issues, including motions in limine, not raised during the

pre-trial conference may be deemed waived.

39. Summary Jury Trials.

a. Summary jury trials are governed by the rules promulgated by the 12th

Judicial District, located at https://ww2.nycourts.gov/COURTS/12jd/

BRONX/Civil/filingrules.shtml#summary.

40. Bench and Jury Trials.

a. The attorneys shall select a jury as expeditiously as possible.

b. No later than the end of the first day of jury selection, if a jury trial, or

the end of the day of the pre-trial conference, if a bench trial, the parties

shall exchange and submit to the Court, by e-filing to NYSCEF (as well as

by email if directly instructed):

i. Marked pleadings.

ii. A written witness list, including whether the witness is a fact or

expert witness, the anticipated order in which each witness will

testify, and the anticipated length of direct examination.

iii. Expert reports.

2 Section 202.34. Pre-Marking of Exhibits:

Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the exhibits that will

be offered into evidence without objection. Unless otherwise directed by the court, prior to the commencement of the

trial, each side shall mark its exhibits into evidence, subject to court approval, as to those to which no objection has

been made. All exhibits not consented to shall be marked for identification only. If the trial exhibits are voluminous,

counsel shall consult the clerk of the part for guidance. The court should rule upon the objections to the contested

exhibits at the earliest possible time. Exhibits not previously demanded which are to be used solely for credibility or

rebuttal need not be pre-marked.

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iv. A written list of any deposition testimony designations and cross-

designations, including the pages and lines, as well as full copies of

each transcript.

v. A joint stipulation regarding undisputed facts, issues and claims, and

listing the documents that are stipulated to as admissible.

vi. If a jury trial:

1. Proposed verdict sheets.

2. Proposed introductory and closing jury charges from the

most current volume. If a party proposes that a PJI

instruction be modified, the complete PJI instruction must be

submitted to chambers in Word format with the proposed

amendment clearly visible in redline. Appropriate caselaw

citations must also be provided in support of any proposed

amendment to a PJI instruction. PJI instructions are not

modified unless good cause is shown.

3. Proposed verdict sheets shall be submitted to chambers in

Word format.

c. Prior to the charging conference, the parties shall exchange updated

proposed jury charges and verdict sheets and meet and confer regarding any

objections. The parties shall work together to craft a mutually agreeable

verdict sheet and list of proposed charges. At the charging conference,

the parties shall be prepared to discuss only those proposed jury charges that

are not agreed upon in advance.

X. INQUESTS

Plaintiff shall serve a copy of the decision and order granting a default judgment with notice

of entry upon defendant by the methods set forth in the decision and order, and if no such directive

is included in the decision and order, then defendant shall be served with a copy of the decision

and order with notice of entry by first class mail and registered mail, return receipt requested, 10

DAYS prior to plaintiff’s request seeking an inquest date. Proof of said service shall be uploaded

to NYSCEF.

Plaintiff shall file a Note of Issue and upload a letter to NYSCEF at the same time requesting

the scheduling of an inquest.

Plaintiff shall serve a copy of the Note of Issue and the letter requesting the scheduling of

an inquest on defendant by first class mail within 10 days of filing the documents in NYSCEF and

upload an affidavit of service within 10 days of said service.

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Upon receipt of the letter requesting an inquest and proof of the filing of a Note of Issue, the

court will schedule the inquest and upload directives as to the procedure to be followed at the

inquest.

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