Hon. Andrew S. Amer — Part 38, FRP-8 Rules

Hon. Andrew S. Amer

Part 38 and FRP-8

Principal Law Clerk

Michael S. Chu, Esq.

Assistant Law Clerk

Timothy McCormick

Part Clerk

Wendy Chan

360 Adams Street

Brooklyn, New York 11201

Courtroom Number

356

Part Tel.

347-296-1582

Courtroom Email

KSCCVPart38@nycourts.gov

Updated

September 15, 2026

(Please note the latest change to calendar call times, including but not limited to the fact that the Court is splitting its Part 38 calendar from the FRP-8 calendar)

Part Rules

General Information

All proceedings in this Part are governed by the Uniform Rules for the Trial Courts (22 NYCRR Part 202), the Civil Practice Law and Rules (CPLR), and all applicable Administrative Orders of the Chief Administrative Judge. Unless otherwise directed, all appearances shall be in person. Ex parte communications are strictly prohibited pursuant to Rule 3.5 of the New York Rules of Professional Conduct.

Appearances

All appearances shall be made by counsel with personal knowledge of the facts, procedural history, and legal issues of the case. Attorneys appearing must be fully familiar with the matter and authorized to enter into binding stipulations, address scheduling issues, engage in meaningful discussions regarding resolution, and argue the merits of any pending motion. The appearance of substitute or per diem counsel without such knowledge or authority is discouraged and may result in adjournment, denial, or other appropriate relief.

Inquiries

All inquiries regarding adjournments and scheduling should be made via email to the Part Clerk at ksccvpart38@nycourts.gov. All counsel of record must be copied on all emails. Do not call chambers to request an adjournment. All emails from the Court will be sent to the email service address of record for each party in the action/proceeding. It is the responsibility of counsel to ensure that this email address is accurate and up to date. Inquiries regarding discovery conferences/motions should be directed to the Central Compliance Part (347-296-1626 or ksccvccp@nycourts.gov) or the Final Conference/NOI Part (347-401-9054 or ksccvnifc@nycourts.gov).

Motion Practice

Motion Calendar Call

The Court’s regular motion calendar is on Thursdays and will consist of a morning and afternoon session. Part 38 motions will be heard in the morning session and the calendar will be called at 10:00am. FRP-8 motions will be heard in the afternoon session and the calendar will be called at 2:00pm. There will be no second call at either session. At each session’s calendar call, motions marked ready will be heard first in calendar order, followed by the remaining motions in calendar order. Motions for default judgment pursuant to CPLR 3215 will be marked ready so long as the movant and any other party who has filed papers on the motion are present. Once a case is marked ready and in the queue to be argued or conferenced, all counsel are strongly encouraged to remain in the courtroom until the case is called. If all counsel are not present when a “ready” case is called to be argued or conferenced, the case will go to the back of the queue. Failure to appear may result in default or other relief pursuant to 22 NYCRR §202.27. Unless otherwise ordered, the Court will hear oral argument from counsel in person on the return date.

Motion Papers

All motion papers shall be filed electronically through NYSCEF unless the matter is exempt from e-filing. The Court does not require courtesy copies of motion papers submitted through NYSCEF. In the rare instance where a case does not participate in NYSCEF, motion papers must be delivered to the Motion Support Office at 360 Adams Street, Room 227, NOT to Chambers. Unless otherwise stipulated or ordered, motion papers in all non-NYSCEF cases must be served on the parties in accordance with CPLR § 2214.

Form of Papers

All motion papers shall be double-spaced on letter-sized paper bearing margins no smaller than one inch. Unless otherwise directed by the Court, all text in memoranda of law, affirmations, and affidavits, including footnotes, shall use proportionally spaced 12-point serif typeface, such as Times New Roman.

Where prepared by use of a computer: (i) attorney affidavits or affirmations and memoranda of law in support of, and in opposition to, the motion shall be limited to 7,000 words each; and (ii) attorney affidavits or affirmations and memoranda of law submitted on reply shall be no more than 4,200 words each and shall be limited to arguments that respond or relate to those made in the papers submitted in support of, or in opposition to, the motion. These word limitations shall not apply to evidentiary materials such as affidavits, affirmations, or reports from lay or expert witnesses, and shall exclude the caption, table of contents, table of authorities, and signature block. Every document subject to these word count limits shall include on a page attached at the end of the document a certification by counsel filing the document setting forth the number of words in the document and certifying that the document complies with the word count limit. Counsel certifying compliance may rely on the word count of the word-processing system used to prepare the document.

Where typewritten or handwritten: (i) attorney affidavits or affirmations and memoranda of law in support of, and in opposition to, the motion shall be limited to 20 pages each; and (ii) attorney affidavits or affirmations and memoranda of law submitted on reply shall be limited to 10 pages each and shall be limited to arguments that respond or relate to those made in the papers submitted in support of, or in opposition to, the motion. These page limitations shall not apply to evidentiary materials such as affidavits, affirmations, or reports from lay or expert witnesses and shall exclude the caption, table of contents, table of authorities, and signature block.

The Court may, upon oral or letter application on notice to all parties, permit the submission of motion papers which exceed the limitations set forth above. In the event the Court grants permission for an oversize submission, the certification required above shall certify compliance with the limit as enlarged by the Court.

Absent express permission in advance, sur-reply papers, including correspondence, addressing the merits of a motion are strictly prohibited, except that counsel may inform the Court by letter of the citation of any post-submission court decision that is controlling on the pending issues, without any argument. Materials submitted in violation of this rule will not be read or considered. Opposing counsel who receives a submission in violation of this rule shall not respond in kind.

If an exhibit is video footage, it must be provided to the Court in advance in a USB (flash drive). CDs are not acceptable. Additionally, an affirmation must be filed stating that the flash drive is new, has never been used before this time and is free from any malware or viruses. The language that should be included in the affirmation shall be as follows:

“I (___name__) being an attorney duly admitted to practice in the courts of the State of New York, affirm under penalty of perjury that: The enclosed flash drive I am submitting in connection with motion sequence (MS No. ____) is new and has never before been used;

The enclosed flash drive has only been inserted into a computer under my custody and control for the purpose of copying the submitted evidence;

I affirm and verify that the enclosed flash drive is free from malware or viruses of any type;

I affirm that I am wholly liable for any information technology breach that is created should any statement in this affirmation prove to be untrue.”

Special Rule for Summary Judgment Motions

Summary judgment motions must be filed within sixty (60) days from filing the Note of Issue unless prior to this deadline the Court grants an extension of time upon a party’s application.

Any party moving for summary judgment pursuant to CPLR 3212 shall include with their moving papers a separate short and concise Statement of Undisputed Facts, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried. Each paragraph must contain a citation to the record evidence submitted by the movant that supports the factual assertions being made. Any party opposing the motion shall include a correspondingly numbered Response to the Statement of Undisputed Facts, which shall recite the movant's paragraphs and provide a response to each paragraph. Each paragraph in the response must similarly contain a citation to the record evidence submitted by the opposing party that supports the factual assertions being made. The movant shall, upon request, promptly provide the respondent with a copy of the Statement of Undisputed Facts in Microsoft Word format. The respondent may also include within the Response additional paragraphs containing a separate short and concise statement of the material facts as to which it is contended that there exist genuine issues to be tried.

Each numbered paragraph in the movant’s Statement of Undisputed Facts will be deemed to be admitted for purposes of the motion unless specifically controverted by a correspondingly numbered paragraph in the Response. Each paragraph in the movant’s Statement and the opposing party’s Response must be followed by citation to evidence submitted in support of or in opposition to the motion or will be deemed by the Court to be legally insufficient to establish or dispute the facts asserted in the paragraph.

Proposed Orders, Judgments, and “So Ordered” Stipulations Generally

Any proposed orders or judgments shall be submitted with a Notice of Settlement and any counter proposal shall be submitted as set forth in § 202.48 of the Uniform Rules for the New York State Trial Courts and shall include a copy blacklined to show all changes to the order or judgment to which objection is made. A Microsoft Word version of these documents shall simultaneously be provided to the Part Clerk at ksccvpart38@nycourts.gov. Fully executed stipulations to be “so ordered” by the Court shall be uploaded to NYSCEF as a proposed order.

Where possible and except as otherwise required, proposed orders should conform to the Kings County forms, which may be found on the General Forms webpage .

Foreclosure Proposed Orders/Judgments

Motions in foreclosure cases must include a copy of a proposed order resembling the sample orders promulgated by the Chief Administrative Judge of the Courts, if applicable. Those sample orders may be found at the Statewide Foreclosure Forms webpage . Motions without such order may be denied for failing to comply with this rule. (Please note that the “Order of Reference” sample order includes language for default judgments.)

Additionally, if the parties make any changes to the form orders, they shall e-file a blackline indicating the changes and explain in their papers in support of the motion good cause for any proposed departures from the model forms. If they made no changes, they should submit an affirmation to that effect. If no blackline or affirmation are provided at the time of filing, the Court may deny the motion.

Consolidation, Joint Trial, and Motions to Change Venue

Where possible, the following types of motions must be accompanied by a proposed order using the linked Kings County forms: Motions to Consolidate

Motions for Joint Trial and Discovery

Motions to Change Venue

Adjournments "First Time" Adjournments

Motions may be adjourned once upon consent of the parties for no more than four (4) weeks to a subsequent Thursday without the need for an appearance by filing a stipulation at least three (3) days prior to the return date, with a copy sent to the Part Clerk at ksccvpart38@nycourts.gov. The stipulation must account for all parties in the caption. If a named party in the caption is not signing the stipulation for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.), the reason should be stated in the stipulation. The stipulation shall contain a briefing schedule, which must provide that opposition papers be submitted at least two (2) weeks prior to the new return date and reply papers (if any) be submitted at least one (1) week prior to the new return date. The Court expects counsel to extend each other professional courtesy when considering any “first time” request for an adjournment and that all such requests, if for a reasonable period not to exceed four weeks, will not be opposed absent unusual circumstances giving rise to undue prejudice. If the “first time” request for adjournment is contested, the party seeking the adjournment shall file an application at least three (3) days prior to the return date, with a copy sent to the Part Clerk at ksccvpart38@nycourts.gov, and shall provide the reason the request is being contested as stated by opposing counsel. If the Court has not granted the requested adjournment before the return date, all counsel must appear in person on the return date.

Further Adjournments

Any further adjournments after the “first request” must be made upon application to the Court by filing a letter motion on NYSCEF at least three (3) days prior to the return date, with a copy sent to the Part Clerk at ksccvpart38@nycourts.gov. All counsel must appear in person on the return date to be heard on why good cause exists to grant a further extension.

Subpoenas

Pursuant to CPLR § 2307, the issuance by the Court of subpoenas to state entities for the production of any books, papers or personnel for depositions shall be by motion on at least one (1) day’s notice to the state entity and all adverse parties. Attorneys are reminded of their authority to issue subpoenas under CPLR § 2302(a); therefore, subpoenas for non-state entities do not require a court order.

Settlement Conferences

The parties may request a settlement conference at any time before the filing of the Note of Issue by emailing the Part Clerk at ksccvpart38@nycourts.gov, with a copy to all attorneys of record and unrepresented litigants. The settlement conference may be conducted virtually or in person as directed by the Court.

Trials

A pre-trial settlement conference shall be conducted prior to the commencement of trial. Absent exceptional circumstances, trials shall proceed day-to-day until completion unless otherwise directed by the Court.

Virtual Evidence Courtroom

The Court will create a Virtual Evidence Courtroom (VEC) in NYSCEF for each trial. All proposed exhibits, exhibit charts, and proposed witness lists shall be uploaded to the VEC. Proposed jury instructions and verdict sheets shall also be uploaded to the VEC using the document type “Contested Issues Plaintiff/Defendant.” Please note that the VEC does not accept non-PDF documents. Should any party seek to file non-PDF documents (e.g., Excel spreadsheets, photographs, videos), the party is directed to file a slipsheet identifying the exhibit notation and provide the underlying file(s) to the Court on a USB flash drive with the case caption / index number denoted and with the affirmation described in Rule II.C above. Notwithstanding the use of the VEC, each side must provide to the Court a binder of admitted exhibits in hard copy to be provided to the jury for deliberations.

Motions in Limine

To the extent practicable, all anticipated evidentiary issues not previously adjudicated shall be raised and addressed prior to the commencement of trial by motions in limine, shall be made as early as possible and, unless otherwise directed by the Court, shall be submitted in writing with a memorandum of law citing relevant statutory and decisional authority.

Objections

Speaking objections during trial are discouraged. Objections shall be stated succinctly using one-word or brief phrases (e.g., 'hearsay,' 'relevance,' 'foundation'). Counsel shall request a sidebar if further explanation is required so that a record may be made outside the presence of the jury.

Jury Instructions

In jury trials, prior to the commencement of trial counsel shall upload to the VEC, using the document type “Contested Issues Plaintiff/Defendant,” proposed jury charges based upon the most current edition of the New York Pattern Jury Instructions (PJI) and a proposed verdict sheet. The proposed jury charges and proposed verdict sheets shall additionally be submitted to the Part Clerk at ksccvpart38@nycourts.gov in Microsoft Word format. Any deviation from the PJI must be supported by written authority and shall include a blacklined version of the proposed charge showing all changes from the PJI. The Court will hold a charging conference prior to summations.

Summary Jury Trials

All summary jury trials (SJTs) are subject to the SJT rules found on the Court’s website here: Summary Jury Trial Rules | New York Courts . All SJT stipulations MUST include the dates for the evidentiary hearing and SJT and whether an interpreter will be needed. Prior to the evidentiary hearing, the Court will enter a scheduling order setting forth the operative dates for submissions required under the SJT rules.

Infant Compromises

Applications for infant compromise orders must comply with CPLR §1208 and applicable Administrative Orders. Complete medical documentation, lien information, and proposed orders are required. Hearings shall be conducted in person.

Use of Artificial Intelligence

Every attorney or party who uses an artificial intelligence (AI) tool in preparing any paper submitted to this Court is expected to understand that tool's capabilities and limitations. Attorneys and parties need to be aware that AI tools, among other risks and limitations, can generate fabricated information or fictitious citations to authority (commonly known as hallucinations). Under existing authority, by signing a paper and submitting it to this Court, an attorney or party certifies that the paper does not contain any false material factual statement or any frivolous legal argument (see, e.g., 22 NYCRR 130-1.1, 130-1.1a), and an attorney who submits any paper to this Court is additionally bound by the Rules of Professional Conduct. Accordingly, any attorney or party who uses an AI tool, as defined in 22 NYCRR 161.2(a), in preparing any paper, as defined in 22 NYCRR 161.2(b), filed in or submitted to this Court or served on another party in a case before this Court is required to carefully review the paper and independently ensure that it contains no fabricated or fictitious cases, statutes, or other material. By signing such paper, an attorney or party certifies that such a review has been conducted and that the paper contains no such fabricated or fictitious content. If this Court determines that this requirement has not been satisfied, such attorney or party may be subject to sanction or other remedial action.

Help for Self-Represented Litigants

Contact Information

Self-represented litigants may contact the Kings County Supreme Court Help Center (hours of operation: Monday through Thursday from 9:00am to 5:00pm). The location is 360 Adams Street, Room 123, Brooklyn, NY 11201. The telephone number is (347) 296-1740, and their email address is 360ASupremeCivilSelfHelp@nycourts.gov.

Resources

The following resources are available online

NY Courts Help Website

NY Courts DIY Forms

NY Courts Help with Legal Research

NY Courts Help Finding an Attorney