Hon. Inga M. O'Neale — Part 23, 7 Rules

Hon. Inga M. O'Neale

City Parts 7 & 22, Part 23 Rules

Law Clerk

Helen Ding, Esq.

Assistant Law Clerk

Adam Fane

Part Clerk

Tiffany Sellers

Supreme Court - Civil Term

360 Adams Street, Courtroom 456

Brooklyn, New York 11201

Courtroom Phone

(347) 401-9477

Chambers Phone

(718) 500-4065

Fax

(212) 266-9834

Updated

December 26, 2025

DISCOVERY

Discovery Matters . All discovery matters are handled in the City Discovery Part (CDP). Discovery related inquiries should be made pursuant to the City/TA Discovery Part (CDP) Rules .

City Discovery Part: (347) 401-9264; KSCCVCDCP@nycourts.gov

Depositions . The parties should comply with 22 NYCRR 221 , namely, Uniform Rules for the Conduct of Depositions. The court does not intervene or rule on a request made during the conduct of a deposition. Any issue regarding the conduct of the parties at a deposition may be raised by motion practice.

COMMUNICATION

Ex-Parte communication with Chambers by phone or otherwise is not permitted. All communication to the Court must be on notice to your adversary. The court will not accept unsolicited documents and correspondence. Chambers staff cannot provide advice to attorneys or litigants. The court will not entertain discovery rulings.

MOTIONS

Appearances . All motions/orders to show cause require an in-person appearance unless otherwise directed. Oral argument is required. All parties must be prepared with knowledge of the papers/case and be ready for oral argument on the return date. Please do not make any oral arguments unless those oral arguments are within the motion papers.

Calendars for Parts 7 & 22 are heard on alternate Wednesdays. The Calendar will be called as follows:

10:00 AM Call : Cases beginning with a number or letters A-M .

11:00 AM Call : Cases beginning with letters N-Z .

Those appearing before the court are reminded of proper courtroom decorum and shall address all parties and court personnel respectfully. Do not at any time address the court, staff, or jurors by first name or with undue familiarity. If any party feels that the court, staff or other counsel is not following the same protocol of professional decorum, it should immediately be brought to the court’s attention.

There will not be a default calendar call . Parties are advised that if no one appears to argue the motion when it is called to be heard, a default may be taken against the non-appearing party, or the motion may be denied (see Uniform Civil Rules 202.27 ).

Filing of Papers . All motion papers must be filed electronically through New York State Court Electronic Filing System (NYSCEF) or, where the action does not participate in NYSCEF, filed with the Motion Support Office located at 360 Adams Street, Room 227. Motion papers, answering affidavits and reply affidavits must be served on adversaries as per CPLR § 2214. Working copies are not required, except affidavits of service on Orders to Show Cause. Video Exhibits . Any video exhibits submitted to the court must be on a USB drive accompanied with the notice of Hard Copy Exhibit Filing prior to the return date.

Sur-Reply . The court will not accept sur-reply papers unless good cause is shown and a request to file those papers is granted. If the reply contains facts or arguments not previously provided in support of the motion, the court will not consider such arguments.

Calendaring of Motions . Motions are calendared for the court’s next available motion calendar date. The return date may not be the date specified in the notice of motion. Please confirm upcoming appearances on e-Courts before contacting the court regarding return dates.

Adjournments . No adjournments will be granted by email or telephone.

“First Time” Adjournments . Motions may be adjourned once upon consent of the parties or upon application to the court. Parties may stipulate to adjourn a “first time” on motion no more than six (6) weeks from the initial return date. The stipulation must account for all parties in the caption. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) the reason for the exclusion should be stated in the stipulation. A stipulation of adjournment shall be filed, at least three (3) business days prior to the scheduled first appearance and contain a briefing schedule . Opposition papers are due two (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.

Further Adjournments or Contested Adjournments . Any further adjournments must be made upon application to the court in-person for good cause on the return date of the motion. A contested further adjournment may be granted upon good cause shown.

Withdrawal of Motio n. Any party wishing to withdraw a motion must notify the court by filing a notice of withdrawal via NYSCEF at least three (3) business days prior to the motion calendar date or as soon as such resolution is reached, whichever is sooner.

Resolution of Motion . Parties may resolve a motion by e-filing a consent proposed order, signed by all parties, on the appropriate court form (see hyperlinked forms below) at least three (3) business days prior to the scheduled appearance. Stipulation of Settlement/Stipulation of Discontinuance . If 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 indicating the same to 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.

Summary Judgment Motions . The time for filing summary judgment motions after the Note of Issue is pursuant to the Kings County Supreme Court Uniform Civil Term Rules Motions [6] .

Orders to Show Cause . Orders to Show Cause (OSC) are handled by Part 72, the Ex-Parte Part. An OSC will be heard on the return date specified. Opposition papers to an OSC shall be filed at least one (1) day before the motion is heard. Replies are not permitted unless the court grants an application based on good cause or otherwise directs a reply.

Non E-filed Motions . In the rare instance where a case does not participate in NYSCEF, motions must be filed with the Motion Support Office at 360 Adams Street, Room 227. Under all circumstances, unless otherwise stipulated or ordered, motion papers, answering affidavits and reply affidavits must be served on the parties in accordance with CPLR § 2214 or the most recent Administrative Order. Supplemental briefs will only be accepted upon express prior permission of the court. Withdrawals or stipulation must be filed with the Kings County Clerk’s office within three (3) business days of its execution and also faxed to Chambers.

FORMS FOR MOTIONS

Short Form Order

Order Page 2

Consolidation Order

Joint Trial Order

Order Changing Venue

Default Judgment Order

SUBPOENAS

All subpoenas shall be approved by the subpoenaed records room located on the 6th floor, after which the approved subpoena shall be dropped off in the basket outside courtroom 456 for signature. Subpoenas will not be accepted electronically. If the subpoena request testimony or documents of a non-party, it must contain an affirmation as to why testimony or documents is/are relevant and must contain any appropriate authorizations.

BENCH TRIALS/JURY TRIALS/SUMMARY JURY TRIALS

No adjournments or delay during trial will be accepted unless good cause is shown.

Once a trial is assigned to Part 23 and prior to trial, parties are 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.

Transcripts . A copy of the transcript to be used at trial.

Exhibits . The court urges the parties to stipulate to the admissibility of evidence where to do so will not compromise any of the rights of the parties. Parties shall pre-mark all exhibits in the order in which they intend to introduce them at trial. A list of the exhibits shall 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 . Parties must be aware of the schedules of their respective witnesses. Parties shall provide a list of potential witnesses in the order in which they intend to call them at trial, including expert witnesses, their expertise, summary of expected trial testimony, and any interpreters needed.

Proposed Jury Charges and Verdict Sheets . All proposed jury charges and proposed verdict sheets shall be submitted to the court in Microsoft Word document format no later than the close of plaintiff's case.

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 (no more than two pages) 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.

Equipment . Parties must bring their own equipment for any technical presentation unless they can confirm that the court can provide such equipment.

Requests for Interpreter . If a witness requires a language interpreter, parties must notify chambers as soon as the case is assigned so that timely arrangements can be made.

No Speaking Objections . If you raise an objection during the course of the trial, please use one or two words to describe the grounds for the objection (i.e., “objection-relevance,” “objection-hearsay,” “objection-no foundation”). If you need to make an objection that cannot be stated in one or two words, request for a sidebar. Arguments before the jury, either as to objections or the court rulings, will not be permitted.

Summary Jury Trials . For more information on summary jury trials, refer to the Rules Governing Summary Jury Trials .

Bench Trials . At the conclusion of the bench trial, the parties are required to submit proposed Findings of Fact and Conclusions of Law within thirty (30) days thereafter.

INFANT COMPROMISE ORDERS

Petitions for infant compromise orders must be filed through NYSCEF. All submissions must be separated by exhibit tabs. Any supplemental submissions must be uploaded through NYSCEF as well.

Hearings will be scheduled by the court upon submission of all required documents. All infant compromise hearings are in-person appearances.

Prior to scheduling, 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 all liability issues. Further, the submission shall include the infant’s relevant medical reports, physician(s) affirmation(s), a settlement letter and a NYC Department of Human Resources Lien/No Lien Letter. An Affidavit of Consent Form from an infant fourteen (14) years or older must be included in the Petition and filed with the court.

If a party fails to submit revised papers in a timely manner, or if the revised submission does not address the prior deficiencies, the petition may be denied without prejudice with leave to renew.

If any portion of the settlement is structured, the cost of the annuity must be stated in the papers.

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.

STAY ORDER

If the parties require a stay due to death of a party, incapacity of a party, military service of a party or any other statutory reason, all parties must complete and fully execute a stay order. The party requesting the stay must provide the necessary proof (i.e., death certificate, military orders, bankruptcy order, Allegedly Incapacitated Person [AIP] petition) by uploading it to NYSCEF along with a fully executed proposed stay order.

Upon the death of a party to the action, please upload a letter advising the same with a copy of the death certificate to NYSCEF.

Upon a party’s filing for bankruptcy, please upload proof of such filing along with a letter indicating such and that the case should be appropriately stayed to NYSCEF. The court will provide a control date to monitor the status of the bankruptcy proceeding.

PROPOSED ORDERS/JUDGMENTS

Any proposed orders and/or judgments shall be submitted with a Notice of Settlement and any proposed counter orders as set forth in Uniform Rules for Civil Supreme Court § 202.48.

HELP FOR SELF-REPRESENTED LITIGANTS

Self-represented litigants may contact the Kings County Supreme Court Help Center (hours of operation: Tuesdays, Wednesdays, and Thursdays from 9:00 a.m. to 5:00 p.m.) located at 360 Adams Street, Room 123, Brooklyn, NY 11201.

Hours of Operation: Tuesdays, Wednesdays and Thursdays from 9:00 a.m. to 5:00 p.m.

Phone No. : (347) 296-1740

Email: 360ASupremeCivilSelfHelp@nycourts.gov

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