Hon. Carolyn Walker-Diallo — Part 36, FRP4, DJMP2 Rules

Hon. Carolyn Walker-Diallo

FRP4, DJMP2, & Part 36 Rules

Courtroom

360 Adams Street, Room 296

Courtroom Phone Number

(347) 296-1411

Chambers Phone Number

(347) 401-9046

Part Emails

FRP4: KSCCVFRP4@nycourts.gov; DJMP2: KSCCVDJMP2@nycourts.gov

For Part 36 Matters only: email Law Clerk

Part Clerk

Irina Kuznetsov

Law Clerk

Rachel Marks, Esq. (rmarks@nycourts.gov)

Secretary

Jahayra Richardson (jrichardson@nycourts.gov)

Updated

February 17, 2026

MOTIONS

All papers filed with the Court must be served on all adversaries pursuant to CPLR 2214 and Part 202 of the Uniform Civil Rules.

Discovery motions are not permitted without prior Court approval.

Motions for default judgment must contain non-military affidavit(s) dated no earlier than 30 days prior to the motion filing date. If such a motion is adjourned, updated affidavit(s) must be filed to NYSCEF no later than 7 days prior to the adjournment date.

On FRP4 matters, Plaintiff must move for default and/or summary judgment within 60 days of filing of the answer or release from settlement conferences (to the extent applicable).

Motions for judgment of foreclosure and sale must be filed within one year from date of entry of the order of reference pursuant to Kings County General Foreclosure Rules Part F, Rule 7. If the motion is not in compliance, an affirmation demonstrating a valid, reasonable excuse for the delay must be filed with the motion.

Any party wishing to withdraw a motion must file a notice of withdrawal via NYSCEF and email a courtesy copy to the relevant part email.

ORDERS TO SHOW CAUSE

When a party seeking interim relief provides notice pursuant to 22 NYCRR § 202.7 (f), the application must be noticed prior to 3:00 p.m. if Monday through Thursday, or 12:00 p.m. if on a Friday. If this directive cannot be complied with, the relevant part email should be notified accordingly. In addition, the relevant part email must be noticed with the date and time that the application will be presented. Unless otherwise addressed in an order to show cause, answering or opposing papers must be served and filed by 4:00 p.m. the day before the return date.

Affidavits of service must be filed to NYSCEF no later than the Monday before the return date specified on the order to show cause; if the movant is pro se, the affidavit of service must be paper filed by the return date with the appropriate department.

SETTLEMENTS

Settlements must be reported to the Court in writing.

For settled cases where a notice of pendency has been filed, the Plaintiff shall file a Stipulation of Discontinuance via NYSCEF in accordance with CPLR 6514 (d) and (e) within 60 days of the case being marked settled. Where the Plaintiff fails to discontinue the action within 60 days, this court shall deem the case abandoned under CPLR 3404.

For all settled cases, a written, executed settlement agreement must be provided to the Court as soon as reasonable after settlement is reached, and all pending motions must be withdrawn by notice filed to NYSCEF and copied to the relevant part email. A Stipulation of Discontinuance must be filed via NYSCEF within 45 days of the settlement and copied to the relevant part email.

Any Stipulation of Settlement with a pro se defendant must be filed for Court review and to be so ordered.

APPEARANCES

Motions calendars will be held on Tuesdays in Room 296, unless the Court directs otherwise. First calendar call is at 9:30 a.m. Second (default) calendar call is at 11:00 a.m., unless the Court directs otherwise at the first calendar call.

Appearances are mandatory on all motions and conferences. All parties to the case must appear at conferences, unless prior permission to waive the appearance has been obtained.

Parties must appear for the default calendar call. Any party that misses the call risks having its motion marked off and denied for failure to appear or granted on its default for the non-appearance, even if papers have been filed. If the motion has been marked ready, but no one appears to argue the motion when it is called, a default may be taken against the party who answered ready and then failed to appear. If a party is running late, please

contact the Part Clerk via phone.

Motions that are fully briefed do not require appearances. If a motion is fully briefed and ready for submission, stipulation executed by all parties shall be filed via NYSCEF and copied to the relevant part email indicating same by the Thursday before the return date, or an appearance is mandatory. Parties requesting oral argument on a motion must do so via email by 12:00 p.m. on the Friday before the return date.

Motions may be adjourned once on consent of all the parties via stipulation and e-filed to NYSCEF by 12:00 p.m. on the Monday before the return date, with a courtesy copy emailed to the relevant part email and copied to all appearing parties. Other requests for adjournments must be emailed to the relevant part email by 12:00 p.m. on the Monday before the return date and copied to all appearing parties.

Requests for an adjournment should include whether the request is on consent. Parties objecting to an adjournment request shall email the relevant part with the basis for any objection by 2:00 p.m. on the Monday before the return date and copy all appearing parties. Failure to comply with this directive shall be deemed a waiver of objection to the adjournment.

Further requests for an adjournment must be filed to NYSCEF and emailed to the relevant part email by 12:00 p.m. on the Monday before the return date. Thereafter, an oral application for an adjournment must be made on the return date. Such adjournments will only be granted at the discretion of the Court, for good cause.

All adjournment dates are subject to change; please check eCourts for updates.

All parties appearing before the Court must have knowledge of the underlying case and the motion or other appearance. No per diem attorneys may appear at settlement conferences before the Court, and all parties appearing at conferences must have full settlement authority.

Plaintiff’s counsels appearing on all FRP4 matters are required to have the payoff amount on the loan (principal, interest, and costs) current to within one month of the appearance date at each appearance. Additionally, counsels must have direct contact information (email and direct phone number) for Plaintiff’s servicer and any loss mitigation department in the law firm available for defendants and/or their counsels.

All remarks should be directed to the Court and not to each other, and only one person is to speak at a time. Do not engage in personal attacks, remarks or grandstanding.

A short form order must be submitted at the appearance on all motions and conferences reflecting the Court’s directives. Failure to submit a complying order may result in the motion and/or conference being denied or marked off.

FILING RULES

All motions must be filed via NYSCEF, unless the party is proceeding pro se or receives an allowance to file via hard copy. All existing cases must be converted to e-filing at the earliest opportunity after transfer to the Judge.

All hard copy submissions must be filed with the Motion Support Office at 360 Adams Street, Room 227. Additionally, a copy of all non-e-filed papers must be emailed to the relevant part email no later than the Thursday before the return date.

All motions shall be filed with a proposed, detailed order (and judgment, if applicable), annexed for the Court’s consideration, or may be denied for failure to comply. Every proposed order, including discontinuances, must include a service provision. For foreclosure motions, sample orders can be found on the court’s website at www.nycourts.gov/forms/foreclosure/index.shtml . The Court may direct the prevailing party to submit a new proposed order via NYSCEF if the annexed proposed order does not adequately reflect the Court’s order within 7 days of being so directed on notice to all other parties. If a litigant does not provide a specific objection to the submitted order within seven days of its receipt by the Court, the Court may sign the proposed order. If a litigant files a timely objection to the substance of the proposed order, the Court may direct further proceedings.

Proposed orders submitted with a motion to discontinue must contain: (i) whether the action is being discontinued with prejudice (payoff, short sale, etc.) or without prejudice (loan modification, reinstatement, etc.); (ii) the reason why the action is being discontinued; (iii) the entire street address and block and lot of the property; (iv) language directing the County Clerk of Kings County to Cancel and Discharge the Notice of Pendency (in specific detail) and direct the “Clerk to enter same upon the margin of the record of the same Notice of Cancellation referring to this Order”; and (v) a service provision for the order.

A note of issue shall be filed before or with a motion for summary judgment.

In all e-filed actions, motion papers may not incorporate previously filed documents by referring to their NYSCEF docket numbers. Rather, motion papers filed must include the actual materials as new exhibits. The documents must be included as exhibits within the filed motion.

All motions must include a separate exhibit listing filed as a separate exhibit, each e-filed exhibit must have its own NYSCEF document number, and all exhibits must be properly described in the label of the attached exhibit when e-filed so that it is clear what document is being included in that exhibit and not include abbreviations (e.g. Exhibit A – Summons and Complaint).

Each page in an exhibit must be numbered. Reference to any exhibit must include citations to the exact page where the reference is found. Citations to voluminous exhibits must include pinpoint citations to the exact location being referenced; transcript citations must include the page and line number.

Motions that are adjourned for any reason must be renoticed on all parties, with those not participating in NYSCEF to be renoticed via first-class mail, regardless of whether an order has been issued directing same.

COMMUNICATIONS

All inquiries as to case or calendar status should, in the first instance, be made to the Motion Support Office at (347) 401-9249. For routine matters, please consult the Part Rules or the CPLR.

The court will not engage in any ex parte communications. Any phone calls to chambers must be made with all parties on the line. All letters to the Court must be copied to the other party and filed via NYSCEF. Calls to chambers may only be placed by attorneys or parties. No law office employees, assistants, or aides may call chambers.

All documents, including letters and other correspondence to the Court, must be filed via NYSCEF or the Clerk’s Office. A courtesy copy of all letters addressed to the Judge must be provided to the relevant part email. Affidavits of service must be e-filed as “affidavits of service,” not as “letter/correspondence to judge.”

Under no circumstances is it appropriate to email the Judge directly.

PRO SE/SELF-REPRESENTED DEFENDANTS

Free lawyers are available during the motion calendar call and in the courthouse (from 10:00 a.m. to 1:00 p.m. in Room 546) to provide limited legal counsel. Pro se litigants may meet with housing counseling agencies. Information about volunteer attorneys and other resources can be found on the CourtHelp website. Defendants may retain Counsel prior to participating in any court hearings and/or mandatory settlement conferences. For information about volunteer agencies please see Kings County Foreclosure Prevention Legal Services Contacts .

PART 36 TRIAL RULES

On the first day of trial or at the charge conference, whichever occurs sooner, please supply

the court with the following: All marked pleadings and bill of particulars ;

All prior decisions in the case;

Any notices to admit;

Inform the court prior to the commencement of trial of any potential legal or evidentiary problems;

Copies of those portions of EBT transcripts intended to be used at trial;

Proposed jury verdict sheet ;

Copies of all requested PJIs from the most current volume. Insert the facts of the case wherever the PJI so indicates;

A short (one or two lines) synopsis of your party’s claims. It may be read to the jury as part of the jury charge;

Copies of cases and authorities upon which you will be relying, especially opinions not contained in official reporters.

In personal injury actions, both sides shall produce the results of their Jury Verdict Reporter searches.

At the start of each trial day, please check in with the Court Officer and inform the Court if an interpreter is necessary. The parties must inform the Court at the initial conference or before if any witnesses require interpretation, and which language is requested.

Where possible, stipulate to all facts and documents not in contention prior to trial .

Please keep track of all your exhibits accepted into evidence .

Subpoena all documents to Kings County Supreme Court, 360 Adams Street, Brooklyn, NY 11201. All subpoenas must be approved by the Subpoena Records Room, on the 6th Floor, after which the approved subpoena shall be given to the Part Clerk in Room 296 for signature. Subpoenas will not be accepted electronically.

The court will not engage in any ex parte communication. Any phone calls to chambers must be made with both sides on the line. All letters must be copied to the other party.

CONDUCT AT TRIAL

Justice Walker-Diallo stands while the jury enters or leaves. Feel free to stand or remain seated.

NO communication in any form is permitted with any juror. This includes verbal and nonverbal communication, such as nods, shrugs or shaking one’s head.

All remarks should be directed to the court and not to each other and only one person is to speak at a time. Do not engage in personal attacks, remarks or grandstanding in the presence of the jury.

Please try to give one-word reasons for any objections. If you wish to make a record, inform the Court and the request will be handled as soon as possible.

Proposed exhibits are to be pre-marked for identification and are to be shown to opposing counsel.

WITNESSES

Do not approach a witness without permission of the court.

Do not show anything, including exhibits, to a witness without first showing it to opposing counsel.

Do not interrupt a witness. Please allow the witness to finish their answer before asking the next question.

The court does not permit re-redirect examination of witnesses.