Hon. Desmond Green — Part 33, ADR-MM Rules

Hon. Desmond A. Green

Part 33 & ADR-MM Rules

360 Adams Street

Brooklyn, NY 11201

Courtroom Room Number

774

Courtroom Telephone Number

(347) 296-1634

Chambers Room Number

1077

Chamber Telephone Number

(347) 401-9764

Title Name Email

Principal Court Attorney Nadine Johnson ncjohnso@nycourts.gov

Secretary Michael Bumpars mbumpars@nycourts.gov

Part Clerk David Baren KSCCVPART33@nycourts.gov

Updated

June 2, 2025

THE COURT WILL NOT ENTERTAIN EX-PARTE COMMUNICATIONS.

ALL PARTIES MUST BE COPIED ON ANY EMAILS TO THE COURT.

The Court will not respond to emails not copied to all parties except where there are personal or exceptional circumstances, for example, security or medical issues.

INQUIRIES

In the first instance, ALL inquiries on a pending case or calendar status shall, be made to the PART CLERK, Room 774, Telephone (347) 296-1634.

Kindly note that Chambers Staff cannot provide guidance or advice to attorneys or litigants.

Telephone calls to Chambers are not permitted.

Please email the judge’s Court Attorney and copy all lawyers and unrepresented litigants that are parties to the matter. The subject line of emails must state the index number and caption.

Do not copy the judge on any emails to the Court.

The Court shall not be copied on emails between attorneys or parties unless there is a judicial purpose to include the Court.

Communication not complying with these rules will be disregarded.

E-FILING REQUIREMENTS

All cases shall be converted to E-File. Motions will be adjourned if a case is not e-filed.

COURTESY COPIES OF E-FILED MOTIONS ARE NOT REQUIRED.

FORMAT All E-filed documents must have a page number, including expert affirmations/affidavits.

All electronic documents must be text-searchable, in PDF (portable document format) while maintaining the original document formatting.

HYPERLINKS

Hyperlinks are mandatory. Accordingly, hyperlinks are required for (i.) documents previously filed on NYSCEF, (ii.) attachments and exhibits cited in legal memoranda, attorney affirmations, expert affirmations/affidavits, and (iii.) cases, statutes, articles, etc.

A hyperlink to a cited authority does not replace standard citation format.

ADJOURNMENTS

All attorneys and unrepresented litigants shall be notified of all adjournment requests before said application to the Court.

If the request is based on counsel’s engagement on another matter, an Affirmation of Engagement, in conformity with 22 NYCRR 125.1, must accompany the request.

Such requests for adjournments may be made by email to the court, ncjohnso@nycourts.gov; cc to mbumpars@nycourts.gov noting the reason and with proposed date in accompanying stipulation attached to the email message.

Adjournments will not be granted without the approval of the Court. Attendance is required if no response is received.

Conferences

Except in an emergency, applications to adjourn conferences SHALL be made by email to ncjohnso@nycourts.gov and received by Chambers at least three (3) business days before the conference date. The application shall state the reason for the request. If the parties would like a specific date, they MUST include the proposed dates in the original email. Attach stipulation to the email message with proposed adjourn date and E-file same for consideration by the court.

Chambers will not adjourn appearances in the Preliminary Conference Part (PC), Central Compliance Part (CCP), or the Note of Issue-Final Conference Part (NI-FCP). Please contact those parts directly.

Motions

Applications to adjourn motions SHALL be made by E-Filing a Stipulation of Adjournment accompanied by a briefing schedule. If a party cannot consent, the party must state the reason in a letter uploaded to NYSCEF. The Court will adjourn the motion to the Oral Argument Calendar if all papers are submitted or to the Motion Calendar if papers are outstanding.

Motions on the Oral Argument Calendar will NOT be adjourned except upon good cause shown to the Court.

CALENDARS

Medical Malpractice Alternative Dispute Resolution (“ADR-MM”) Calendars

ADR conferences are held upon the completion of depositions/discovery. ADR is meant to be meaningful with good faith negotiations in order for cases to be resolved prior to trial.

For first-time ADRs , please contact the Part or email ncjohnso@nycourts.gov to advise whether depositions are outstanding. If depositions are outstanding, and have already been scheduled, state the dates of those depositions.

Two days prior to the conference, the parties shall email a confidential one-page statement regarding a brief synopsis of the case as it applies to the allegations, their position on the case, including whether there is a demand/offer, relative insurance, and a brief of three Second Department cases, including settlement/verdict amounts.

Re Requests to adjourn ADR MM Conferences, forward email/stipulation to ncjohnso@nycourts.gov with proposed adjourn date and E-file same for the court’s consideration.

View the Medical Malpractice ADR Position Statement Template

ADR MM Conferences are via Microsoft Teams unless Chambers states otherwise. For Microsoft Teams conferences, attorneys MUST appear with the client/insurance adjuster or have them available by phone when necessary as dictated during a particular conference. For In-Person conferences, ALL parties must appear in person , including the plaintiff and the insurance company representative. A link will be provided the day before or day of the conference.

Please check with opposing counsel or your officemates/calendar clerk if you need the link before contacting the Court. Also, please make sure that contact information for handling attorneys is accurately listed on NYSCEF as links are sent to those listed for the case on file and as scheduled in our court calendar. In addition, advise opposing counsel and the court if you are delayed.

Note that multiple confs are scheduled for each time frame. Your patience is appreciated.

General Motion Calendars

Motions will be heard every WEDNESDAY (except holidays) in person in Courtroom 774, at 360 Adams Street, Brooklyn, New York. The first call of the calendar is at 9:30 A.M. Second call is on a case-by-case basis. Counselors/ litigants are expected at 9:30 A.M. for the motion call.

The last Wednesday of each month is reserved for VIRTUAL MOTION CALENDAR starting with October 29th 2025.

All attorneys/litigants on the action must agree to have the matter heard virtually by forwarding ( within 3 days prior to date sought ) Email request/stipulation to KSCCVPART33@nycourts.gov with copy thereon to ncjohnso@nycourts.gov and mbumpars@nycourts.gov. If parties do not agree to have the matter heard virtually, the matter will default to the in-person motion calendar and any requests may be made in person on the record before the judge.

Attorneys/litigants shall inform the Court if a motion will be withdrawn or is unopposed at least three (3) business days before the return date. A proposed order shall accompany an unopposed motion.

Oral Argument Motion Calendars

Motions on the oral argument calendars are those motions, orders to show cause, and cross-motions that were adjourned from the general motion calendars and placed on the oral argument calendars. The motions require appearances and oral argument. The calendar is heard every WEDNESDAY (except holidays) in Courtroom 774 at 9:30 A.M. Attorneys MUST be present at the call of the calendar.

MOTION PAPERS/PROPOSED ORDERS/STIPULATIONS

A motion for summary judgment shall be made no later than sixty (60) days after filing the Note of Issue (NOI). While all such requests for time extensions must be made within the summary judgment motion, the court will entertain stipulations to extend the time to file a summary judgment motion on a case by case basis.

For filed summary judgment motions, a Stipulation of Adjournment shall be e-filed only and must contain a briefing schedule. Emailed stipulations will not be considered.

Appearances are required for all motions; however, motions may be taken on submission, mutually agreed by the parties.

Statement of Material Facts are required.

Unredacted expert affirmations/affidavits must be emailed to Chambers upon filing of motion papers.

No sur-reply affidavit, affirmation, or letter will be accepted or considered without leave of Court.

Parties are encouraged to resolve motions and to present proposed orders for signature.

Proposed short-form orders submitted to the Court for signature SHALL be legible with no words crossed out. Failure to comply with the requirements of this section may result in the rejection of the offending submission.

If an action is settled, discontinued, or otherwise disposed of, counsel shall immediately inform the Court by letter directed to Chambers and e-file a stipulation.

Partial stipulations of discontinuance shall include an amended caption.

Stipulations of discontinuance must be signed by all parties. Otherwise, a motion shall be filed.

Any stipulation must be signed by all parties. Otherwise, a motion shall be filed.

Once the stipulation is signed by all parties, e-file it. E-mails of stipulations will not be accepted (unless specifically requested by the court). Courtesy copies of e-filed stipulations are unnecessary.

If a party is deceased, please immediately inform the Court by uploading a letter to NYSCEF accompanied by the death certificate.

APPEARANCES

Attorneys must make appearances with knowledge of the case and the pending motion.

DEFAULTS

Pursuant to Uniform Rule 202.27, the Court has discretion in addressing a calendar default. Thus, an action may be dismissed, or judgment entered for the failure of a party to appear for a conference or hearing, or a motion marked off if the movant fails to appear on the return date.

Similarly, a motion, if appropriately supported, will likely be granted upon the failure of the non-moving party to appear. The Part Clerk will mark the motion “SUBMITTED,” and the movant will submit a proposed order to the Part Clerk.

Counsel is advised that if a motion has been marked ready and no one appears to argue the motion when it is called to be heard, a default may be taken against the party who answered "ready" and then failed to appear.

TRIALS

All parties shall be present by 9:30 A.M. unless otherwise scheduled with the Court.

Bill of Particulars/Marked Pleadings

Before trial, counsel shall furnish to the Court the Bill of Particulars and the marked pleadings, pursuant to CPLR § 4012.

Exhibits

Counsel shall pre-mark all exhibits in the order they intend to introduce them at trial. A list of the exhibits shall also be provided to the Court before trial. Plaintiffs will number their exhibits and defendants will letter their exhibits. On the day of trial, the exhibits and the list will be given to the Part Clerk, who will officially mark them before trial. It is the responsibility of the attorneys to ensure that subpoenaed records have arrived in the Subpoenaed Record Room.

Objections

Counsel shall RISE when making objections or addressing the Court. In making objections, counsel should initially state the broad ground for the objection, e.g., leading, relevance. If the objection’s basis is unclear, the Court will request further elaboration or argument, which will be conducted at a sidebar conference. Arguments before the jury, either as to objections or the Court rulings, will not be permitted.

Witnesses

Before trial, Counsel shall provide to the Court a list of potential witnesses and addresses (professional witnesses must provide business addresses) in order in which they intend to call them at trial, including expert witnesses, their expertise, and a summary of expected trial testimony, and any interpreters needed.

Motions in Limine

Any potential evidentiary question or procedural or substantive law matter not previously adjudicated shall be brought to the Court's attention and addressed prior to trial by way of a written motion in limine. A written memorandum of law with citations to the Official Reports is required. Citations and copies of relevant Court decisions and statutes should be furnished to the Court prior to commencement of plaintiff's case and when otherwise requested by the Court.

Depositions

A copy of depositions intended to be used at trial shall be furnished to the Court at the commencement of the trial. 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.

Proposed Jury Charges and Verdict Sheets

All proposed jury charges and proposed verdict sheets shall be emailed to the Court at ncjohnso@nycourts.gov as a Microsoft Word document by the close of plaintiff's case.

SUMMARY JURY TRIALS

If needed, the Court will hold evidentiary hearings on the morning of Jury Selection or at the first pre-trial conference.

All proposed jury charges and proposed verdict sheets shall be emailed to the Court at ncjohnso@nycourts.gov as a Microsoft Word document by 9:30A.M. on the morning of the first pre-trial conference with the court or as directed by the trial schedule.

DEATH COMPROMISE and INFANT COMPROMISE ORDERS

Chambers will schedule infant compromise hearings.

Infant Compromise petitions must comply with CPLR § 1208. If any portion of the settlement is structured, the cost of the annuity must be stated in the order. The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults in appearances. The infant’s medical reports, a physician affirmation, parent affidavit, infant affidavits, if over fourteen years of age, any structural settlement documents, and an affirmation of no liens are required with the submissions.

Death Compromise petitions shall include the death certificate, retainer agreement, letters of administration, and any lien letters.

If a Compromise Order was signed as to a previously settling defendant, such order must be attached as an exhibit and the partial settlement so stated in the attorney affirmation in support of the final Compromise Order.

Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

Upload the compromise order and all supporting documents to NYSCEF and email a Word document of the order to Chambers.