Hon. Sharon Bourne-Clarke — Part 44 Rules

Hon. Sharon Bourne-Clarke

IAS Part 44 and Non-Jury Trial Readiness Part-Motions (NJTRP-M) Part Rules

Supreme Court of the State of New York

County of Kings

Court Information

Courtroom

Room 17.28

320 Jay Street

Brooklyn, New York 11201

Telephone

(347) 401-9359

Chambers

Room 23.68

320 Jay Street

Brooklyn, New York 11201

Email

KSCCVPART44@nycourts.gov

Part Personnel

Law Clerk

Robert Beckford, Esq.

Assistant Law Clerk

Cory Provost, Esq.

Court Clerk

Patriciaann McHenry

Effective Date

September 16, 2026

APPEARANCES

All appearances shall be made by counsel with personal knowledge of the facts, procedural history, and legal issues of the case. Attorneys appearing must be fully familiar with the matter and authorized to enter into binding stipulations, address scheduling issues, and engage in meaningful discussions regarding resolution. The appearance of substitute counsel without such knowledge or authority is discouraged and may result in adjournment denial or other appropriate relief.

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.

GENERAL RULES OF PRACTICE

All proceedings in this Part are governed by the Uniform Rules for the Trial Courts (22 NYCRR Part 202), the Civil Practice Law and Rules (CPLR), and all applicable Administrative Orders of the Chief Administrative Judge. Unless otherwise directed, all appearances shall be in person. Ex parte communications are strictly prohibited pursuant to Rule 3.5 of the New York Rules of Professional Conduct.

MOTION PRACTICE (22 NYCRR PART 202; NYSCEF)

All motions, stipulations, affirmations, affidavits, and proposed orders shall be filed electronically through NYSCEF in accordance with Administrative Order AO/157/20 and its successors, unless the matter is exempt from e-filing. Motion calendars commence promptly at 10:00 a.m. A second call shall commence at 10:30 a.m. Failure to appear may result in default or other relief pursuant to 22 NYCRR §202.27.

ADJOURNMENTS OF MOTIONS

Adjournments on consent require a fully executed stipulation demonstrating good cause and containing a proposed briefing schedule. Stipulations must be filed no later than 5:00 p.m. on the business day prior to the return date. Non-consensual adjournments must comply with the time requirements set forth in the Uniform Rules and these Part Rules.

PROPOSED ORDERS SUBMITTED TO THE COURT

All proposed Orders submitted for consideration to the Court shall contain a complete case caption and without the use of symbols or abbreviations in the body of the proposed Order. Pursuant to CPLR 2219 (a), each proposed Order must also set forth all relevant NYSCEF document numbers corresponding to the motion, opposition, and any reply submissions. Further, proposed Orders shall not present Justice Bourne-Clarke’s signature on a stand-alone page devoid of accompanying text. Any submission that fails to comply with these requirements will be rejected, and the submitting party shall be required to file a corrected proposed Order for the Court’s consideration.

SUBPOENAS

All subpoenas must be approved and stamped by the Subpoenaed Records Room prior to submission to the Court for signature. Subpoenas will not be accepted electronically.

INQUESTS

Inquests are conducted in person and scheduled by the Court. Failure to appear for a scheduled inquest shall result in dismissal of the complaint pursuant to 22 NYCRR §202.27. Certified government records may be admitted in accordance with CPLR §2105.

TRIALS

A pre-trial settlement conference shall be conducted prior to the commencement of trial. Absent exceptional circumstances, trials shall proceed day-to-day until completion unless otherwise directed by the Court.

Prior to trial, each party shall provide marked pleadings, all bills of particulars, a list of proposed trial exhibits, and a witness list identifying anticipated witnesses and any interpreter or scheduling needs. Exhibits should be pre-marked for identification where practicable. Plaintiffs shall number exhibits and defendants shall letter exhibits. Counsel are encouraged to stipulate to admissibility where appropriate.

Motions in limine and any potential evidentiary, procedural, or substantive law issues not previously adjudicated shall be raised and addressed prior to the commencement of trial. Motions in limine shall be made as early as practicable and, unless otherwise directed by the Court, shall be submitted in writing with a memorandum of law citing relevant statutory and decisional authority. Failure to raise such issues prior to trial may result in waiver.

JURY TRIALS AND PATTERN JURY INSTRUCTIONS (PJI)

In jury trials, counsel shall submit proposed jury charges based upon the most current edition of the New York Pattern Jury Instructions (PJI) and a proposed verdict sheet. Attorneys are solely responsible for ensuring that all proposed charges reflect the most up-to-date PJIs and applicable law. Any deviation from the PJI must be supported by written authority. A charging conference shall be held prior to summations.

Proposed jury charges and proposed verdict sheets shall additionally be submitted to the Court in Microsoft Word format by email to the law clerks at rbeckford@nycourts.gov and cprovost@nycourts.gov no later than one (1) day prior to the close of plaintiff’s case, unless otherwise directed by the Court. The submission of charges and verdict sheets in editable format is required to facilitate the charging conference and finalization of instructions.

Speaking objections are discouraged. Objections shall be stated succinctly using one-word or brief phrases (e.g., 'hearsay,' 'relevance,' 'foundation'). Counsel shall request a sidebar if further explanation is required so that a record may be made outside the presence of the jury.

INFANT COMPROMISES (CPLR §1208)

Applications for infant compromise orders must comply with CPLR §1208 and applicable Administrative Orders. Complete medical documentation, lien information, and proposed orders are required. Hearings shall be conducted in person.

USE OF ARTIFICIAL INTELLIGENCE (AI)

The use of artificial intelligence tools is governed by the Rules of Professional Conduct, 22 NYCRR Part 202, and Administrative Order AO/398/23. Attorneys and parties remain fully responsible for the accuracy, authenticity, and legal sufficiency of all submissions. AI-generated content must not contain fabricated citations or misstatements of law.

As part of all submissions, counsel shall provide an affirmation disclosing whether artificial intelligence was utilized in preparation of this document and attesting that all legal arguments and cited authorities have been independently verified by the attorney and that no fictitious or non-existent case law has been relied upon.

NOTICE

These Part Rules are subject to amendment. Counsel and litigants are responsible for ensuring compliance with the most current version.