Hon. Rupert V. Barry — Part 13 Rules

Hon. Rupert V. Barry

IAS Part 13 & Guardianship Part 76RB Rules

Title

Name: Email:

Principal Law Clerk

Celeste Felix, Esq. cfelix@nycourts.gov

Assistant Law Clerk

Joseph E. Bernard, Esq. jebernard@nycourts.gov

Part Clerk

Antoinette Wilkinson KSCCVPART13@nycourts.gov

Address

Telephone Number:

Supreme Court - Kings County, Civil Term Chambers Telephone: (347) 296-1289

360 Adams Street, Courtroom 276 Courtroom Telephone: (347) 296-1604

Brooklyn, NY 11201

Updated

September 18, 2025

ALL APPEARANCES IN PART 13 SHALL BE IN PERSON.

COMMUNICATION:

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

Pursuant to NY State Rules of Professional Conduct, Rule 3.5, the Bar is reminded that ex parte communications with Chambers by phone or otherwise is prohibited.

DISCOVERY:

All inquiries regarding discovery or discovery motions are to be directed to the Intake Part or the Centralized Compliance Part, as applicable. You can find them at: Discovery Part Rules .

Motions scheduled for the Compliance Conference Part (“CCP”) or the Final Conference Part (“FCP”), are NOT heard by Justice Barry. They are heard by the Judge assigned to the discovery part.

MOTIONS:

Appearances: ALL MOTIONS ARE ORALLY ARGUED ON THE RECORD.

Motions will be heard on Tuesdays. The calendar will be called sequentially beginning at 9:30 a.m. There will NOT BE A SECOND CALL. If you are appearing in another court part and you are going to be later than the 9:30 a.m. calendar call, please contact the Part Clerk prior to that time.

Parties must appear for the call. Any party that misses the call risks having its motion denied for no appearance or granted on its default for the non-appearance, even if papers have been filed.

Filing of Papers: All motion papers must be filed electronically through New York State Court Electronic Filling system (hereinafter “NYSCEF”), or where the action does not participate in NYSCEF, by mail to the Motion Support Office, 360 Adams Street, Room 227, and NOT to the Court’s chambers. Motion papers, answering affidavits, and reply affidavits must be served on the parties in accordance with CPLR 2214 or the most recent Administrative Order, unless otherwise stipulated or ordered.

Summary Judgement Motions; Statement of Material Facts: must be made within sixty (60) days of the filing of the Note of Issue. The Court requires that any motion for summary judgment, other than a motion made pursuant to CPLR 3213, be in full compliance with the provisions of 22 NYCRR 202.8-g(a-e).

Calendaring of Motions: Motions that are randomly calendared under Part 13 by the motion support office or another Justice, will be administratively adjourned to one of Part 13’s motion calendar dates, but not necessarily on the return date specified in the Notice of Motion. Parties may check e-courts to verify appearance date.

BEFORE e-mailing the Principal Law Clerk, Assistant Law Clerk, or the Part Clerk, check e-courts ( https://iapps.courts.state.ny.us/webcivil/FCASMain ) to determine what part the motion(s) in question is being heard: Intake, CCP, JCP, FCP, City Part, or Part 13.

Adjournments on Consent: The parties may jointly request “their first adjournment”* by written fully executed stipulation that must be filed with the Kings County Clerk’s Office (or with the NYSCEF system if the case is e-filed) no less than two (2) business days before the motion’s calendar 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 courtesy copy of the stipulation must be sent to the Court no less than two (2) business days before the motion calendar date by emailing cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk) and copying all other counsels. *(Any request for an adjournment, other the first adjournment request on a-first-time-on-motion, must be made in person and on the record.)

Contested Adjournments: An oral application to adjourn a motion may be made before the Court on the return date of the motion.

Orders: If at the conclusion of oral argument, the Court directs a party or the parties to submit a proposed order, such order shall be submitted to the Court, before the end of that business day-- or as otherwise directed by the Court--, in Microsoft Word document format. The proposed order must be emailed to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk) .

This email must be copied to all parties who have appeared in the action or indicate that no other party has appeared in the action. 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 order.

Proposed Orders to Show Cause must be brought to the Ex Parte Motion Support Office prior to submission to the Part. Fees as required by law must be paid to the County Clerk prior to submission.

WITHDRAWALS / RESOLUTIONS OF MOTIONS:

Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and emailing a courtesy copy to the Court via email to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk) at least three (3) business day before the motion calendar date.

If the parties have resolved a motion pursuant to a stipulation, a copy of the stipulation must be filed in the NYSCEF system and a copy must be sent to the Court via email to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk) at least two (2) days prior to the return date of the motion. 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. You will receive an email notification from the Court if your stipulation is accepted. If you do not receive notification from the Court, the parties must appear on the scheduled return date.

If, after full submission of a motion, the parties later resolve the motion by a written stipulation of settlement, the parties must promptly file a written stipulation with the Kings County Clerk’s office (or with the NYSCEF system if the case is e-filed) within five (5) business days of its execution and also email a courtesy copy to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk) .

INFANT'S COMPROMISE / WRONGFUL DEATH PROCEEDINGS:

Petitions for compromise orders must be filed through Motion Support or through Special Term Part 72.

Hearings will be scheduled by the Court upon submission of all required documents. Any adjournments must be obtained through chambers. All parties must appear for a hearing unless otherwise agreed by chambers.

Infant’s Compromise petitions must comply with CPLR 1208. The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults in appearances. Further, the affirmation must include a detailed description of the accident and liability issues. The infant’s medical reports, a physician affirmation, a settlement letter that includes a waiver of appearance, and an affirmation of no liens are required with the submissions. If any portion of the settlement is structured, the cost of the annuity must be stated in the order.

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 an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

Infant’s Compromise and Wrongful Death Compromise hearings shall be held virtually or in person as directed by the Court.

TRIALS:

Marked Pleadings and Bill of Particulars: Prior to trial, counsel shall furnish 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 shall pre-mark all exhibits in the order in which they intend to introduce them at trial and upload a copy of those exhibits to NYSCEF. 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.

Witnesses. Prior to trial, counsel shall provide the Court a list of potential witnesses in the order in which they intend to call them at trial, including expert witnesses, their expertise, including a summary of expected trial testimony, and any interpreters needed.

Motions in Limine. Any potential evidentiary questions 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.

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

INQUESTS:

All inquests are “in-person” and, unless otherwise posted, conducted in Courtroom 276 at 360 Adams Street. Please provide business cards for the court and court reporter at all inquests.

Counsel must notify the Part Clerk if a witness requires a language interpreter as soon as an inquest is scheduled so that timely arrangements can be made and shall confirm the request with the Part Clerk 24 hours in advance of the scheduled date.

Failure to timely file the Note of Issue as directed by the Court will result in the complaint being dismissed.

All subpoenas must be served as soon as possible after an inquest is scheduled, and in no event later than 4 weeks prior to the scheduled inquest date.

The court will accept attorney certification of government records if made pursuant to CPLR 2105.

In all personal injury actions where plaintiff is seeking a monetary award at the time of inquest, plaintiff’s counsel must submit at least two (2) sustained jury verdicts, substantiating the amount that plaintiff seeks as a final judgment against defendant(s).

At the time of an inquest, plaintiff shall provide the Court with a copy of marked pleadings and a copy of the default judgment.

Certified medical records or testimony of a physician are required to prove damages.

Adjournments of Inquests

Requests for adjournments must be emailed to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk) . All appearing parties must be copied on such requests. The filing of a request or stipulation on NYSCEF will not suffice.

Inquests will not be adjourned absent good cause shown.

Failure to obtain subpoenaed documents, where the subpoena was served 4 weeks or fewer prior to the scheduled inquest date shall not be deemed good cause.

QUESTIONS/INQUIRIES:

This Court will not accept unsolicited documents and correspondence. Calls to chambers are not permitted, unless all parties participate. This court will not engage in ex parte communication (See Rule 3.5 of the NY Rules of Professional Conduct).

For routine matters, please consult the above rules. Most calendaring questions can be resolved by visiting E-courts ( https://iapps.courts.state.ny.us/webcivil/FCASMain ), or contacting the appropriate Motion Support staff. After exhausting those options, the Part 13 Clerk may be contacted. If your case is assigned to Justice Barry but calendared in one of the Discovery Parts (i.e. Compliance Conference Part, Final Conference Part), please check the Rules specific to that Part.

STAYS ON DEATH OF A PARTY OR ON DEFENDANT(S)’ BANKRUPTCY FILING:

To dispense with the need for a court appearance on the matter:

If a party dies during the pendency of an action , the former counsel for the now deceased party should upload to NYSCEF and email to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk) a copy of the deceased party’s death certificate along with a letter indicating the death of the party and that the case should appropriately be stayed. 1

If a defendant files for bankruptcy , proof of such filing along with counsel’s letter indicating such and that the case should appropriately be stayed, should be uploaded to NYSCEF and emailed cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk) .

The copy of the death certificate uploaded to NYSCEF should be redacted and an unredacted copy should be emailed to Chamber.

PETITIONS TO APPOINT A GUARDIAN

All petitions to appoint a Guardian will be heard on Thursdays at 10:00 a.m. unless otherwise scheduled by the Court.

Affidavits of service for Orders to Show Cause shall be filed via NYSCEF (e-filed cases) or in the Guardianship Clerk’s Office (Room 285) at least two (2) business days prior to the return date.

Court Evaluator Reports and responsive papers shall be filed with the Clerk’s office and emailed to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk) at least two (2) business days prior to the return date.

All responsive papers shall be filed with the Clerk’s office and emailed to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk) at least two (2) business days prior to the return date.

Any cross-petitions shall be served on all parties and filed with the Court at least seven (7) days prior to the return date.

All Orders and Judgments shall be served by Petitioner on all counsel, guardian(s), and court examiner within ten (10) days of the date of decision.

GUARDIANSHIP MOTIONS

Motions on Guardianship matters shall be returnable on Thursday at 10:00 a.m., unless otherwise scheduled by the Court.

Movant must provide the Court with a valid email address. (Exceptions will be made for pro se litigants who do not own or have access to a computer or to an email account).

All motions must be filed via NYSCEF (e-filed cases) or with the Guardianship Clerk’s office (Room 285) at least seven (7) days prior to the return date.

All responsive papers shall be filed at least two (2) days prior to the return date.

Affidavits of service for Orders to Show Cause shall be filed via NYSCEF (e-filed cases) or with the Guardianship Clerk’s office (Room 285) at least two (2) days prior to the return date.

Any request for attorney’s fees must be accompanied by a detailed affirmation of services with an itemized billing sheet, hourly rate(s), and total number of hours, and must be approved by the Court prior to any payment being made.

FINAL ACCOUNT

Final Accounts must be filed in the form of one consolidated accounting, from the date of the last judicially settled account, and may not be submitted in the form of multiple annual accounts.

All motions to settle Final Accounts must have the following attachments: A Referee’s Report (unless waived),

A proposed Order Settling the Final Account, and

The Affirmation(s) of Legal Services, if the moving attorney is requesting fees.

Guardians and/or attorneys responsible for preparing and filing a Discharge Order may not access any commissions or fees due him/her pursuant to the Order Settling the Final Account until the Discharge Order, in proper form and complying with all provisions of the Order Settling the Final Account, is filed with copies of canceled checks, receipts, and/or affidavits, is signed by the Court, and confirmed by Chambers.

COMPLIANCE CONFERENCES

Guardians who are directed to appear for a compliance conference in the appointing Order and Judgment and have complied by filing the oath/designation/bond and obtaining the Commission shall email the Court Referee at rbratt@nycourts.gov to advise the Court of their compliance. Notification should be sent to the Referee at least two (2) business days before the schedule conference or as early as is feasible.

All other Guardians/parties who have received a compliance order shall appear on the referenced date and time.

RULES FOR VIRTUAL APPEARANCES

Ensure your microphone, audio, and video are all working ahead of your appearance time.

Video should be on at all times, unless permission is obtained to leave it off.

No virtual backgrounds are permitted. Blurred backgrounds are allowed.

To reduce background noise, leave your microphone on mute when not speaking.

Identify yourself when speaking for the first time and throughout the proceeding as necessary to ensure a clear record.

No recording of the proceedings is permitted, other than the official record. To ensure a clear record, speak more slowly than usual and be sure not to speak over someone else.

ARTIFICIAL INTELLIGENCE (AI) PROGRAMS

All submissions with respect to a motion must include a certification by an attorney either that no generative artificial intelligence program was used in the drafting of any affidavit, affirmation, or memorandum of law contained within the submission, or that a generative artificial intelligence program was used but all generated text, including citations, quotations, and legal analysis, was reviewed for accuracy and approved by an attorney (or the self-represented party). If the certification states a generative artificial intelligence program was used, the program must be identified and the documents which include matter generated by the program must be specified along with which parts of the documents were drafted by the program. One certification pertaining to a party’s submission comprised of several such documents shall suffice.