Hon. Gina Abadi — Part 18 Rules

Hon. Gina Abadi Civil Part 18 Rules

Principal Law Clerk

Christine G. Ortiz, Esq.

Assistant Law Clerk

Audrey O'Brian, Esq.

Part Clerk

Janel Winfree

360 Adams Street, Courtroom 929

Brooklyn, New York 11201

Courtroom/Part Clerk Telephone No

718-500-4062

Chambers Telephone No.

347-401-9285

Updated

March 25, 2026

DO NOT CALL THE COURT TO INQUIRE WHETHER AN APPEARANCE IS REQUIRED!

OPPOSITION OR REPLY RECEIVED AFTER 12PM THE DAY BEFORE THE MOTION IS SCHEDULED TO BE HEARD MAY NOT BE CONSIDERED.

AN IN-PERSON APPEARANCE IS REQUIRED ON ALL MOTIONS EXCEPT WHERE:

PARTIES HAVE RESOLVED A MOTION ON CONSENT AND UPLOADED A PROPOSED ORDER VIA NYSCEF AT LEAST THREE BUSINESS DAYS PRIOR TO THE RETURN DATE; AND

THE MOVANT GETS CONFIRMATION FROM THE PART CLERK THAT THEY DO NOT HAVE TO APPEAR.

ADJOURNMENT REQUESTS ARE ONLY GRANTED:

ON CONSENT OF ALL PARTIES BY NYSCEF FILING, AT LEAST 3 BUSINESS DAYS PRIOR TO THE INTIAL RETURN DATE.

ONLY IF THE MOTION HAS NEVER BEEN ADJOURNED BEFORE.

DO NOT CALL OR EMAIL THE COURT FOR AN ADJOURNMENT.

DO NOT UPLOAD PROPOSED ORDERS UNLESS ALL SIDES CONSENTED TO THE ORDER BEING SIGNED.

All discovery matters are handled in the Central Compliance Part (CCP), (347) 296-1626

MOTIONS

In person oral argument is required on all motions. All Counsel/Litigants must be prepared with knowledge of the motion(s) / case and be ready for oral argument. Please note, due to COVID protocol and to maintain safe distancing in the courtroom, oral argument will be scheduled as follows:

9:30 AM: If all sides are present, oral argument will be heard before the calendar call below.

9:45 AM Call: Cases with a number or with last names beginning with letters A-M.

10:30 AM Call: Cases with last names beginning with letters N-Z.

There will not be a second call. Motions may be decided on default if there is a failure to file papers and appear, a failure to submit a consent order, or a failure to obtain an adjournment.

See 22 NYCRR 202.27.

Hard copies are not required, except affidavits of service on Orders to Show Cause. Parties may choose to bring specific exhibits or affidavits in hard copy for the Court. Although this Court reads all motion papers in advance of the return date, it may become necessary to refer to a specific exhibit and the bench is not always equipped with a computer.

Adjournment requests are not granted by email or telephone. After the first adjournment, an IN-PERSON appearance to obtain consent of the Court is required. A ‘first time on’ motion may be adjourned to a Wednesday, no more than 6 weeks from the return date. The date may be changed by the Court. A stipulation of adjournment shall be filed, signed by all parties, at least three (3) business days prior to the scheduled first appearance and contain a briefing schedule. Opposition papers are due 2 weeks prior to the return date set by the Court and Reply papers (if any) are due at least one week before the return date set by the Court. The Court may change the return date upon receipt of the stipulation, so please check eCourts.

Resolution of a motion - The parties may also resolve motions by e-filing a consent proposed order on the appropriate court form (see hyperlinked forms below) at least three (3) business days prior to the scheduled appearance. If the matter is not settled or resolved via fully executed stipulation with confirmation from the Court that it is being accepted, the parties are to appear in person. If the Court accepts the uploaded stipulation or adjournment, it will be reflected in eCourts.

If a motion or an action is settled, the parties shall notify the Court immediately by uploading either a stipulation of settlement, a stipulation of discontinuance, or a letter by the movant indicating that the motion is withdrawn on NYSCEF . Indicate if the action is partially settled or discontinued by individually naming the settling parties. Parties must continue to electronically file discontinuances, with the appropriate fee. The Court does not so order stipulations of settlement or discontinuances.

The time for filing summary judgment motions after the Note of Issue is pursuant to the Kings County Supreme Court Uniform Civil Term Rules.

This Court will not engage in ex-parte communication. All communication to the Court must be on notice to your adversary.

FORMS FOR MOTIONS

Short Form Order

Order Page 2

Consolidation Order

Joint Trial Order

Order Changing Venue

Default Judgment Order

SUBPOENAS

Judicial subpoenas must be approved by the Subpoenaed Records Office and made returnable to the Subpoenaed Records Room, New York State Supreme Court, Kings County, 360 Adams Street, 6th Floor, Brooklyn, NY 11201. Justice Abadi will not so order a subpoena which may be issued by an attorney without a judicial signature, including nonparty subpoenas. See CPLR § 2302. Approved subpoena shall be dropped off in the basket outside courtroom 929 for signature. Subpoenas are not accepted electronically.

INFANT COMPROMISE ORDERS

Petitions for infant compromise orders must be filed through NYSCEF, together with a Stipulation of Discontinuance. Any supplemental submissions must be uploaded through NYSCEF as well. Hearings will be scheduled by chambers staff upon submission of all required documents. All parties must appear for a hearing unless their appearance was otherwise waived in writing. DO NOT BRING THE PLAINTIFFS IN UNLESS THE COURT INFORMS YOU THAT THE PAPERS ARE IN PROPER FORM AND A HEARING WILL BE HELD.

Infant Compromise petitions must comply with CPLR §1208 and 22 NYCRR 202.67. The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults in appearances. The affirmation must include a detailed description of the incident and liability issues. Further, the submission shall include the infant’s medical reports, a physician affirmation, a settlement letter, an incident report (i.e., police report, school accident report...) and an affirmation of no liens.

If any portion of the settlement is structured, the cost of the annuity must be stated in the papers. An affidavit of consent from an infant fourteen (14) years or older must be included in the petition and filed with the Court.

If a compromise order was previously signed in the action, such order must be attached as an exhibit. 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.

All submissions must be separated by exhibit tabs.

FORMS FOR INFANT COMPROMISE PETITIONS

The Infant Compromise Order forms are provided for guidance purposes only.

Infant Compromise Order

Structured Infant Compromise Order With Bank Deposit

Structured Infant Compromise Order Without Bank Deposit

IN-CAMERA INSPECTIONS

In-camera inspections will be scheduled by Chambers Staff. Prior to an in-camera inspection, parties must submit a detailed privilege log, pursuant to CPLR § 3122 (b).

Pagination of in-camera documents is required for review. Any documents that are not paginated will be returned for resubmission.

TRIALS

Once a trial is assigned to Part 18 and prior to trial , counsel is required to serve and submit the following:

Marked Pleadings and Bill of Particulars . Furnish to the Court marked pleadings and a copy of the Bill of Particulars pursuant to CPLR § 4012 and the Uniform Rules for Civil Supreme Court § 202.35.

Exhibits . Counsel may pre-mark all exhibits in the order in which they intend to introduce them at trial before the Jury is seated . If there is a disagreement as to the admissibility of an exhibit, the parties shall bring it to the Court’s attention and the Court will make a ruling. A list of the exhibits shall also be provided to the Court prior to 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.

Witness list . Provide a list of potential witnesses in the order in which they intend to call them at trial, including expert witnesses, their expertise, and summary of expected trial testimony.

Requests to Charge . Provide proposed requests to charge, which may be adjusted if necessary.

Depositions . A copy of depositions intended to be used at trial.

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 or oral 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.

Non-Jury Trials

Trials are scheduled to proceed day by day until completed. The parties are required to submit findings of facts and conclusions of law within ten days of the trial.

PART REMINDERS

This Court will not engage in ex part communications and will not entertain discovery rulings. Formal application (OSC/motion) is required for judicial intervention, except as indicated above.